일반가등기와 부동산물권변동과의 관계

Abstract

The provisional registration is largely divided into collateral registration and general provisional registration. It is mainly general provisional registration that is a problem with changes in real estate rights in provisional registered real estate. This is because the registration of collateral is regarded as the nature of the real right of collateral under the Act on Provisional Registration Security, etc. The characteristics of general provisional registration are largely divided before and after the main registration, and mainly in the relationship between general provisional registration and changes in real estate rights. There are no clear legislative provisions regarding the effect of preserving the claim of provisional registration. But in the interpretation of regulation, the provisional registration under Article 88 of the Real Estate Registration Act can be made when the establishment of rights, etc. prescribed in Article 3 of the Real Estate Registration Act is to be preserved. According to Article 883(2) of the German Civil Code, it is possible to claim relative invalidity for the transfer of ownership that has been provisionally registered. In other cases where there is a change in real rights, such as interim disposition after provisional registration, due to the effect of preserving the order of provisional registration, it can be seen that the effect is recognized by establishing cancellation regulations in the real estate registration rules. In the event of ownership transfer by double sale, the registration of ownership transfer after the main registration by provisional registration is revoked. On the other hand, as preserving the right to claim for the provisionally registered right, the right to claim has a bond character. However, the claim is not just a bond characteristic, but because it can claim relative invalidity and also has a counter power to interested parties, it can be seen as a bond with a real right character.