現行 不動産公示制度의 改善 方案에 관한 硏究 = (A) Study on Improvements in the Existing Real Estate Notification System

다국어 초록 (Multilingual Abstract)

Land seems to our contemporaries of much significance as a means of preservation of value, especially in that it is exposed to utilization, but it is not merely diversified in use but also has perpetuity. Unlike other goods, land has the nature of no magnification, cannot be expanded in area by importation from abroad however much investment we may input on that land. For that reason contemporary society seeks to maximize land utilization. This brings about a great rise in the price of land, thus makes the people take a keener interest in it. Moreever, recently an abrupt increase in demand in land due partly to the high level of economic development and an increase in population gives rise to more scarcity on the limited area of land, even goes as far as to commercialization. In addition, imaginary and speculative demand in land raises lots of problems, including confusion in the real estate market. These situations appear to have the need of a proper land management system that can make a great contribution to rational land utilization and protection of land ownership.
Despite the legality that any of pieces of land becomes legally effective only when registered on the land register or on the real estate registry, dual administrative systems are now being applied to the same land pieces. It seems recommendable that three factorsland entity, land register and real estate registryshould be consistent. But the case that a really existing piece of land is not registered on the land register or on real estate registry, or discrepancies of recordings between the land register and real estate registry also, raise serious m mooted points.
This study purports to make an analysis of the existing real estate notification systems - land register ter and real estate registry, on the basis of theoritical surveys, to find out mooted points, if any, from the present application of those systems, then to suggest ameliorations against thus sought problems.
The security of safety in the people's property rights by means of systematic registration of land and accurate and continuous recording of transfer, making clear by the land-related systems to the third party who intends to make a transaction for a given piece of land what implications those systems have, together with providing information on land, including land tax, governmental plans, are a crucial function of protection of land transaction.
This public notification of the land registration system was was initiated by Japanese imperialists, especially with the intention of imposing tax on land, with the division of registration into two proceduresland register and forest land register. Therefore, its management needed a waste of more time and manpower. What is worse, the land register itself was based on plane surveys, which had in itself some demerits such as no distinction of ground from underground spaces. Irregular division of land pieces degraded the efficiency of land utilization. These also raised many a problem at technical and economic levels, levels, especially in administration of' land pieces. When a registrar deals with a land registration case, his/her dury is merely to formally identify whether it is legal in registration according to the procedure. Contract note and bill of sale are required to insure the validity of registration. A lack of public confidence leads to a mere formal act under the existing system, for that reason does not play its own role.
The purport of the real estate registration system lies in protecting the property rights of the people by accurately notifying alterations on the state of real estate that may affect purchaser's gain or loss from a certain transaction, thereby quaranteeing transactional safety. There is evidence that one is benefitted from that protection in a transaction made based on public confidence.
Furthermore the dual systems of the land register and real estate registry load excessive burden on the people, are likely to give chances of land crimes. This leads to overlaps and administrative dysfunctions.
Those points in mind, this study presents suggestions to supplement and solve mooted points related to, the existing real estate public notification system, as follows :
In the land register, first, it is necessitated to make known to the public detailed plans and alterations of property rights as supplements of the existing system, together with land registration map and forest land map, so that it could be of service to land owners as well as to public notice readers. Second, we need to introduce a multipurpose land registration system, in which information on land utilization should be included.
In the real estate registry, first, we have to promote transactional safety by protecting those who have public confidence on representations in the registery. Second, investing the registrar with substantial rights of investigation and introducing a notarization of bills of registration is requested to be followed to keep from incomplete registration in use of seal impression.
In the final analysis, inasmuch as land is per ceived to have serious effects on political, economic and societal levels if failed in its policy, further imporovements for the land register and real estate registry, gradual steps toward a unified system by means of thorough analyses and researches, must be accompanied with providing data and information of policies for real estate and land utilization, especially in consideration of protection of private rights.

목차 (Table of Contents)

• 目次 = 0
• 第1章 序論 = 1
• 第1節 硏究의 背景과 目的 = 1
• 第2節 硏究의 方法 = 2
• 第3節 本 論文의 位置와 構成 = 3
• 1. 關連한 旣存硏究 = 3
• 2. 本 論文의 構成 = 6
• 第2章 不動産公示制度의 史的槪觀 = 8
• 第1節 地籍制度의 發展過程 = 8
• 1. 土地調査令 = 9
• 2. 土地臺帳規則 = 10
• 3. 朝鮮林野調査令 = 12
• 4. 朝鮮林野臺帳規則 = 13
• 5. 朝鮮地稅令 = 14
• 6. 舊 地籍法 = 15
• 7. 現行 地籍法 = 16
• 第2節 不動産登記制度의 發展過程 = 18
• 1. 立案制度 = 19
• 2. 地契·家契制度 = 20
• 3. 證明制度 = 22
• 4. 日本 不動産 登記法 依用 = 23
• 5. 現行 不動産登記法 = 25
• 第3章 現行不動産公示制度의 理論的考察 = 27
• 第1節 地籍制度와 不動産登記制度의 一般的 槪要 = 28
• 1. 地籍制度 = 28
• 2. 不動産 登記制度 = 38
• 第2節 地籍과 登記制度와의 關係 = 49
• 1. 兩制度 相互間의 關係 = 49
• 2. 法律上의 關係規定 = 52
• 第4章 諸外國의 不動産公示制度 = 55
• 第1節 日本의 公示制度 = 55
• 1. 統合된 地籍과 登記制度 = 55
• 2. 地籍과 登記의 結合方式 = 56
• 第2節 臺灣의 公示制度 = 58
• 1. 統合된 地籍과 登記制度 = 58
• 2. 地籍과 登記의 結合方式 = 59
• 第3節 스위스의 公示制度 = 60
• 第5章 現行不動産 公示制度의 問題點 = 64
• 第1節 地籍制度의 問題 = 64
• 1. 地籍公簿 = 65
• 2. 土地登錄事項 = 67
• 3. 不合理한 筆地形成 = 69
• 第2節 不動産登記制度의 問題 = 71
• 1. 登記公務員의 審査權 = 71
• 2. 登記原因證書 = 75
• 3. 登記의 公信力 = 77
• 第3節 地籍과 登記의 二元化에 따른 問題 = 79
• 1. 國民의 過重한 負擔과 土地犯罪의 機會 = 79
• 2. 公示行政의 重複 및 錯誤訂正의 非能率性 = 82
• 3. 地籍公簿와 登記簿의 不符合 = 94
• 第6章 不動産 公示制度의 改善 = 98
• 第1節 地籍制度의 改善方案 = 98
• 1. 地籍公簿의 改善 = 98
• 2. 土地登錄의 改善 = 99
• 3. 三次元 地籍制度의 導入 = 101
• 第2節 登記制度의 改善方案 = 102
• 1. 登記公務員의 實質的 審査權 賦與 = 102
• 2. 登記原因證書의 公證制度 確立 = 103
• 3. 登記의 公信力 賦與 = 104
• 第3節 地籍과 登記의 一元化 = 105
• 第7章 結論 = 109
• 參考文獻 = 112
• - Abstract - = 114