지적(地籍)의 추정력(推定力)에 관한 연구 = A Study on the Presumptive Power of Cadaster

다국어 초록 (Multilingual Abstract)

The purpose of this study is to investigate and analyze the research status on the Presumptive Power of Registration and to suggest reasons for recognizing the Presumptive Power of Cadastre.
As a result of the study, the Presumptive Power of Registration refers to the "effect that infers that a legal relationship recorded in the registry also exists in substance." The reasons for recognizing the Presumptive Power of Registration can be summarized as follows: first, Registration is a high probability that registration corresponds to a true rights relationship; second, Registration is managed by a government agency; third, various requirements for publicizing the substantive rights relationships are guaranteed during the registration procedure; and fourth, both academic theory and Supreme Court precedents recognize the Presumptive Power of Registration.
And the Presumptive Power of Cadastre can be defined as ‘the effect of presuming that the facts and legal relationships registered in the Cadastral Record exist in substance’, and the reasons why the Presumptive Power of Cadastral Record should be recognized are as follows: first, it is systematically and permanently managed and operated by a government agency; second, all procedures and methods for the process, such as land registration, public notice, and information disclosure, are statutory; third, it is fundamentally impossible to register non-existent land in the Cadastral Record; fourth, Supreme Court precedents recognize the Presumptive Power of the Cadastral Land Book and Cadastral Forest Book; fifth, the registry is created based on the registered information in the Cadastral Record.
In the future, I hope that future scholars will study in-depth an establish a clear theory on the ‘Cadastral Presumptive Power’ and I look forward to this paper will be used as basic data for subsequent researchers.