개정된 부동산등기법의 주요사항에 대한 검토

Abstract

Korea real estate registration act was revised completed on 12.04.2011. The study concerns with six controversial points among complete revision of real estate registration act, i.e. the effective day of the registration, partial transfer registration concerning partial transfer of Chonsegwon, substitute registration of joint mortgages, injunction registration, the abolition of notice registration, the abolition the substantial inspection right on aggregate buildings. 1. It can appear an interpretation dispute between Civil Act article 186 "....a real right by a juristic act over an immovable takes effect upon its registration" and Registration of Real Estate Act article 6 (2) "When provisional registration has been filed, the order of priority for the principal". 2. Through the extended revision of partial transfer registration concerning partial transfer of Chonsegwon on Registration of Real Estate Act should the full transfer registration concerning partial transfer of Chonsegwon be regulated. 3. The established rule and guideline need to be made concern the substitute registration of joint mortgages is applied. 4. Whether the injunction registration is accepted or no, this leave to the judge's discretion. Therefor this direction act need to be regulated. 5. The substitution system(registration) of the abolition of notice registration, the injunction registration should be made through the detail inspection of the person in charge registration. 6. The the abolition the substantial inspection right on aggregate buildings is not accord with the protection of people's property rights. This inspection need to be tightened all the more.