登記請求權에 관한 硏究

다국어 초록 (Multilingual Abstract)

Among so many low problems on regiration, the most diversified and important one is on its claim. Though there is no express statement of it in Korean civil law, the Korean civil law adapts German legal System (Registration System) in the conveyance of real property.
It is necessary for the conveyance to make an agreement about real property and to registrate.
So the registration is directly related the conveyance.
The claim to the registration is defined that the grantee asks the participation of grantor in registration process.
In general these claims are divided into four.
In the case of the voluntary transfer, it is much too quareement, that is, its cause is the obligation or the real agreement or the effect of real agreement or the effect of real expectative right, its nature is personal or real. I conclude the cause is directly form the obligation for example from Art. 568(korean civil lam), its nature is personal.
In the discord between the real right and the registeaion, its cause is from the effect of the real rights and its nature is real.
And the case of the lease and repurchase, its cause is form the regulation in the civil law, its nature is personal.
In the positive prescription, the claim is indirectly regulated that the possessive person acquires the ownership by way of the registration (Art. 245, 1 Korean civil law).
Intermediate - Registration - omitted Registration means the case that, though B bought A, real property and sold it to C, C registered himself as owner in the Register book as if C acquired the ownership of it directly from A. Such a registration is very usual in the real world of dealing and has been much disputed about in the theories and the judicial precedents.
in the case of Intermediate - Registration - omitted Registration is aleady completed, the theories and the judicial precedents have been adopted peculiar.
By the way Special Act of real property registration published in Act 4,244, it denies Intermediate - Registration - omitted Registration and adopts registration obligation system in the conveyance of real property.
So that the Act will effect change of the theories and judical precedents. I hold with the Act.

목차 (Table of Contents)

• 목차
• 第1章. 序論 = 1
• 第1節. 硏究의 目的 = 1
• 第2節. 硏究의 範圍와 方法 = 2
• 第2章. 登記請求權의 意義 = 3
• 第1節. 登記請求權의 意義 = 3
• 第2節. 登記申請의 類型과 登記請求權 = 4
• 第3節. 登記義務者와 登記請求權 = 6
• 第4節. 登記請求權에 관한 各國의 立法例 = 7
• 第3章 登記請求權의 發生原因과 法的 性質 = 12
• 第1節. 總說 = 12
• 第2節. 法律行爲로 인한 登記請求權 = 13
• 第3節. 實體關係와 登記가 一致하지 않은 경우의 登記請求權 = 22
• 第4節. 取得時效로 인한 登記請求權 = 27
• 第5節. 其他의 境遇 = 33
• 第6節. 登記請求權의 消滅時效 = 34
• 第4章. 中間省略登記에 있어서의 登記請求權 = 38
• 第1節. 總說 = 38
• 第2節. 中間省略登記의 意義 = 39
• 第3節. 中間省略登記請求權 = 52
• 第5章. 假登記에 기한 登記請求權 = 57
• 第1節. 假登記의 意義 = 57
• 第2節. 假登記를 할 수 있는 請求權 = 58
• 第6章. 結論 = 61
• 參考文獻 = 63
• ABSTRACT = 66