지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
The real estate registration system publicizes the relationship between actual occurrences in the real estate situation and property rights by recording the related details, especially the specific details about real estate rights, in the registration book. By doing so, it prevents any unforseen damages for people who carry out real estate transactions. Furthermore, it is a public system which has an important function which seeks to achieve a safe and speedy transaction.
The registration system not only publicizes the ever-changing property rights in the real estate field, it confirms the land boundary which leads to taxation. It also has a role in confirming the owner who will ultimately become the tax payer. In other words, it functions as the basic foundation of tax collection.
In the beginning of the 1980's, Korea legislated a law called the 'Related Law Concept of Public Ownership of Land in Korea' to prevent clandestine land investments for individual benefits. And in 1990, it legislated the 'Special Measures Acts of Real Estate Registration'. Following this, in 1995, the Related Law of the Name Registration of the Actual Land Owner' was legislated. These laws all have the goal of preventing illegal actions which manipulates the real estate registration system such as clandestine land investments, tax and law evasion, In the case of Korea, the land registration of the whole country has already been completed and because the data has become computerized, it is possible to search the names of the real estate owners through the electronic resources leading to the foundation of a much easier system process of land taxation. However, this system can be said to be still lacking in securing safe real estate transactions.
Within the real estate registration system which publicizes the situation of the property rights changes according to private law, there is a system of registrating the title of the real estate and the separating and submitting of the deed. In the case Korean registration system, the system of registrating the real estate as it is in Germany and France is used.
In Germany, by giving the power of public trust to the registration system, it secures the safety of the receiver as well as the transaction itself. This means that even the people who put their trust in a false registration will be protected by the power of public trust. Although the French law does not acknowledge the power of public trust in the registration system, it does try to secure the safety of the transactions by including the notary or the real estate agent in real estate transfers, In case of Korea which has adopted German formalism in the real estate registration system, it does not acknowledge the power of public trust in the registration system. As a result, even within a transaction which trusted the registered owner as it is recorded in the book, one can't eliminate the possibility that he is not the rightful owner and another person who does not appear in the records may demand his rights. Therefore, in order to promote the safety of real estate transactions, it has been continuously pointed out that there is a need to fortify the registration system. Some examples of fortification would be the endowing of public trust as a de lege ferenda, and on top of that, an active participation of the notary or the judicial scrivener in the real estate transactions.
In America which adopts a system where the deed is separated and submitted, it attempted to implement the Torrens System regarding real estate titles but it failed. However, it is now trying to promote the safety and protection of the circulation of real estate transactions in another way. The aspects which stands out in this method is that the safety of the transaction is preserved in a private way away from the national jurisdiction. Also, the title insurance system and the escrow system are integrated. Taking these aspects into consideration, this paper attempts to gain new insights by investigating into the American real estate registration system especially focusing on the escrow system which may eventually throw some light into the reformation of the real estate circulation protection system in Korea.
The registration system not only publicizes the ever-changing property rights in the real estate field, it confirms the land boundary which leads to taxation. It also has a role in confirming the owner who will ultimately become the tax payer. In other words, it functions as the basic foundation of tax collection.
In the beginning of the 1980's, Korea legislated a law called the 'Related Law Concept of Public Ownership of Land in Korea' to prevent clandestine land investments for individual benefits. And in 1990, it legislated the 'Special Measures Acts of Real Estate Registration'. Following this, in 1995, the Related Law of the Name Registration of the Actual Land Owner' was legislated. These laws all have the goal of preventing illegal actions which manipulates the real estate registration system such as clandestine land investments, tax and law evasion, In the case of Korea, the land registration of the whole country has already been completed and because the data has become computerized, it is possible to search the names of the real estate owners through the electronic resources leading to the foundation of a much easier system process of land taxation. However, this system can be said to be still lacking in securing safe real estate transactions.
Within the real estate registration system which publicizes the situation of the property rights changes according to private law, there is a system of registrating the title of the real estate and the separating and submitting of the deed. In the case Korean registration system, the system of registrating the real estate as it is in Germany and France is used.
In Germany, by giving the power of public trust to the registration system, it secures the safety of the receiver as well as the transaction itself. This means that even the people who put their trust in a false registration will be protected by the power of public trust. Although the French law does not acknowledge the power of public trust in the registration system, it does try to secure the safety of the transactions by including the notary or the real estate agent in real estate transfers, In case of Korea which has adopted German formalism in the real estate registration system, it does not acknowledge the power of public trust in the registration system. As a result, even within a transaction which trusted the registered owner as it is recorded in the book, one can't eliminate the possibility that he is not the rightful owner and another person who does not appear in the records may demand his rights. Therefore, in order to promote the safety of real estate transactions, it has been continuously pointed out that there is a need to fortify the registration system. Some examples of fortification would be the endowing of public trust as a de lege ferenda, and on top of that, an active participation of the notary or the judicial scrivener in the real estate transactions.
In America which adopts a system where the deed is separated and submitted, it attempted to implement the Torrens System regarding real estate titles but it failed. However, it is now trying to promote the safety and protection of the circulation of real estate transactions in another way. The aspects which stands out in this method is that the safety of the transaction is preserved in a private way away from the national jurisdiction. Also, the title insurance system and the escrow system are integrated. Taking these aspects into consideration, this paper attempts to gain new insights by investigating into the American real estate registration system especially focusing on the escrow system which may eventually throw some light into the reformation of the real estate circulation protection system in Korea.
목차
Ⅰ. 머리말
Ⅱ. 美國의 不動産登記制度
Ⅲ. 不動産去來上 escrow(條件附捺印證書) 制度의 利用
Ⅳ. 맺음말
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