不動産登記原因證書制度의 改善에 관한 小考

Abstract

As a general rule, the ideal which the real-estate registration system has been pursued is to guarantee; (1) describing the location and bound of real-estate in the register book correctly; (2) making public the process and form changed property rights of real-estate to correspond the truth right of real-estate; (3) protecting his confidence and acquisition of right if a contractor of real-estate trusted the register book. However, this ideal is not always realized in the actual real-estate registration system of ours nowadays. Here and there are found all sorts of the non-conforming registration, namely, the illegal registrations which are pursuing the fraud of real-estate increases rapidly in accompany with the frequency of the real-estate transactions induced by the increase of investment in the real-estate or the preference of the real-estate. On the one hand, this trends has given rise to a serious social problem with the scale of transaction, the scope of its damage enlarged, and the tricks being more sophisticated. Especially, the registers have only judged whether the applicant fulfills the necessary conditions or not owing to the perfunctory review system. On this account, the certificate of registration cause does not inherent duty. In this study, I would review and analyze some problems of our system about the certificate of registration cause. And then, I would offer solution to notarize the certificate of registration cause.