地籍公簿와 不動産登記簿의 一元化에 관한 硏究

다국어 초록 (Multilingual Abstract)

The land register system of a nation is compare with its history, and all of countries put it as a core system. In our country, however, despite its inconvenience for the national people, the dualistic notification of land register and registration which was induced under the rule of Japanses imperialism, has been customary without consideration whether it is suitable in this country or not.
In order to indentify land register with registration between the Judicature and Administration, the Research Committee for Administrative Reform made a proposal to put together land register of the Judicature into registration of the Administration. The reasons, (1)among seven recording items between two books-site of land, lot number, classification of land, cadestral, boundary, owner. -five items are pleonastic. (2)there is a lot of cases not to identify land register book and registration book. (3)it is saddled people withthe pay for inspecting registration and the commission for a judicialscrivener.
(4)the due form of registration book is very uncomfortable.
But the Judicature has rejected to transfer the control to theAdministration, because that guasi-judicial business could not bemanaged by the Administration, that the purpose of registration bookis to protect citizen's property and right while that of land registerbook is to impose taxes on land, and that a formal objection aboutthe affair of registration should be discriminated in the court ofjustice.
But according the fact that effective usage and management ofthe national land become the center of public interest, it seems tobe the post of time to need to unitary land register and registration.Therefore in this study a comparative analysis between the systemof public notification of foreign countries and that of our nation hasbeen investigation for the unification, Sorting merits and fault ofit, this will help to judge which would be the most logical way tounitary. And by way of precaution against not to unify, anotherscheme which administrative affairs could be simplified by anidentification of windows for application is studied.
The devices for the unification of land register and registrationfollow,
1. Land register and registration should be treated by a single administrative office for this could solve national inconveniences, curtail the expenditure, and increase an administrative efficiency. Doing so, the uncoincidence of the system must be clearned up sooner, and the duplicated terms in both forms should be convention-alized.
2. After determining the date of unitary of the two organs, the third register, "Landbook", combined with the forms of land register book and real astate registration book, could be made in a file. Public trust of the new file could be increased if the content of land changes are inscribed ofter judging the reality, and the methods of judgement are reformed from formal matter to real one.
3. If the Landbook would be issued adding urban planning and its map in the new form's back side, it could be available efficiently as a basic data not only by the land owner but also the state and local administrative office.
4. Because messuage and present common land book will be preserved in the same office as a similar form, these also should be unified as soon as possible.
5. At last, if it would be difficult to unitary the two organs and to identify the two due forms, it will be necessary to computerize in a hige degree. And it is ideal to institationizing the system that the computerizing articles - in registry, which could confirm the status of land, ownership, and right easily, should be linked in on-line.

목차 (Table of Contents)

• 目次 = ⅰ
• 第1章 序論 = 1
• 第1節 硏究의 目的 = 1
• 第2節 硏究의 範圍 및 方法 = 3
• 第2章 外國의 地籍制度와 登記制度 = 5
• 第1節 不動産의 理論 및 特性 = 5
• I. 不動産의 一般的 理論 = 5
• II. 不動産의 特性 = 15
• 第2節 外國의 不動産公示制度 = 19
• I. 不動産公示制度의 一般論 = 19
• II. 外國의 不動産公示制度 = 22
• 第3節 外國의 地籍制度 및 登記制度 = 25
• I. 外國의 地籍制度 = 25
• II. 外國의 登記制度 = 28
• 第3章 우리 나라의 地藉制度와 不動産登記制度 = 38
• 第1節 地籍制度 = 38
• I. 地籍과 土地調査 = 38
• II. 土地制度 = 42
• III. 舊韓末의 地籍制度 = 44
• IV. 現行 地籍制度의 問題點 = 46
• 第2節 不動産登記制度 = 51
• I. 우리 나라 登記制度의 沿革 = 51
• II. 不動産登記制度의 特色 = 54
• III. 現行 不動産登記制度의 問題點 = 62
• 第4章 地籍公簿와 不動産登記簿의 一元化 = 68
• 第1節 外國의 地籍과 登記制度의 統合 = 68
• I. 統合背景 = 68
• II. 統合經緯 = 69
• III. 統合方法 = 71
• 第2節 地籍과 登記의 一元化 方案 = 73
• I. 管轄廳의 統合方案 = 73
• II. 業務의 一元化 方案 = 75
• 第5章 結論 = 77
• 參考文獻 = 79
• 英文抄錄 = 83