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Reflections on the Possibility of Replacing the Registration System with a Blockchain System

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Currently, information technologies such as blockchain and metaverse are being innovatively developed in Korea and around the world. The government has defined the innovation of these cyber-related technologies as the fourth industrial revolution and presented the Digital New Deal as an important policy of the Korean version of the New Deal, and is implementing various policies and systems related to it. This situation is expected to affect the development of the real estate registration system in Korea. Moreover, as the Supreme Court is currently promoting the transition to a future registration system, it is necessary to examine whether blockchain technology, which allows parties to exchange value without a third party guaranteeing the transaction, can be used in the real estate registration system. In order to secure the credibility of the real estate registration as electronic information under the registration system that introduces electronic registration and blockchain system, the transparency of transaction identification and real estate registration details should also be recorded using the blockchain system as a way to prevent such crimes and legal disputes. As a solution, it is worth considering how to improve the reliability of transaction identification, recognize the actual examination rights of the registrar in the foundation system of the real estate register, and increase public trust by going through the notarization stage when recording rights such as real rights, and consider how to introduce a blockchain system at this stage to ensure integrity and reliability. In the stage before the current real estate registration and study system is converted to a blockchain system, the clarity, transparency, and consistency of the real estate registration entries with the actual real estate must be established so that the real estate study can finally be recognized as authoritative, thereby ensuring the trust of the transaction parties to the real estate study system that has adopted the blockchain system in the future, and bringing us closer to the goal of real estate transactions in the form of smart contracts between the parties who have trusted it based on transparency and integrity of real estate study in the real estate transaction market.

Abstract

Currently, information technologies such as blockchain and metaverse are being innovatively developed in Korea and around the world. The government has defined the innovation of these cyber-related technologies as the fourth industrial revolution and presented the Digital New Deal as an important policy of the Korean version of the New Deal, and is implementing various policies and systems related to it. This situation is expected to affect the development of the real estate registration system in Korea. Moreover, as the Supreme Court is currently promoting the transition to a future registration system, it is necessary to examine whether blockchain technology, which allows parties to exchange value without a third party guaranteeing the transaction, can be used in the real estate registration system. In order to secure the credibility of the real estate registration as electronic information under the registration system that introduces electronic registration and blockchain system, the transparency of transaction identification and real estate registration details should also be recorded using the blockchain system as a way to prevent such crimes and legal disputes. As a solution, it is worth considering how to improve the reliability of transaction identification, recognize the actual examination rights of the registrar in the foundation system of the real estate register, and increase public trust by going through the notarization stage when recording rights such as real rights, and consider how to introduce a blockchain system at this stage to ensure integrity and reliability. In the stage before the current real estate registration and study system is converted to a blockchain system, the clarity, transparency, and consistency of the real estate registration entries with the actual real estate must be established so that the real estate study can finally be recognized as authoritative, thereby ensuring the trust of the transaction parties to the real estate study system that has adopted the blockchain system in the future, and bringing us closer to the goal of real estate transactions in the form of smart contracts between the parties who have trusted it based on transparency and integrity of real estate study in the real estate transaction market.

참고문헌 (17)

  1. Lee Dae-hee, "Blockchain Technology and Personal Information Issues", Act on Accessibility, 22(3), pp.245~ (2018)
  2. Lee Dae-hee, "Utilization and Limitations of Blockchain Technology on Intellectual Property Rights", Information Law, 23(2), pp.76~
  3. Oh Seo-young, "Blockchain Application Technology to Improve Reliability in the Real Estate Market", Journal of the Korean Electronic Transactions Society, 222(1), pp.56~
  4. Kim Seung-rae, "Smart Contract System by Blockchain in Real Estate Transactions", Real Estate Law Journal, 22(3) (2018)
  5. Lee Chun-won, "Commentary on Real Estate Transactions and Blockchain", Real Estate Law Journal, 23(2) (2019)
  6. Han Jeong-hee, "Principle and Application Research of Blockchain Real Estate Registration", Korea Real Estate Association, pp.64~ (2018)
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  9. "Supreme Court Decision October 9, 2008. 2007 Da87979References", ~ (2008)
  10. Kim Ji-won, "Public confidence in the registration of real estate – centered on German law", Law Anthology, 16, pp.124~125 (2011), Ewha Womans University Law Research Institute
  11. Kang Jin-gyu, "Removes real estate paper certificates with blockchain", The Derby Chain, ~ (2018)
  12. Kim Myeong-yup, "A Study on Securing Credibility and Authenticity of Real Estate Registration", Ilgam Jurisprudence, (30), pp.85~207 (2015)[DOI]
  13. "Supreme Court 2007.6.14. judgment 2007da4295, etc", ~
  14. Yoon Chan-Hwang, "Policy Recommendation on the Establishment of Electronic Network Registration System", Korea Law Review, 22 (2018)
  15. T. Moment, "blockchain technology as an innovative instrument of digital economy : technology essence, world experience and implementation problems", Innovative Technologies and Scientific Solutions for industries, (4), pp.141~ (2018)
  16. Herald Economy, "DigitalToday, 2022.4.1", Herald DB, ~ (2023)
  17. Etnews, "Reads Real Estate Study With Blockchain in 2024", Ministry of Land, Infrastructure and Transport Starts Platform Construction, ~ (2020)

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