中間省略登記請求權

• 영문명: A Claim for Registration without Intermediate- Registration
• 발행기관: 한국부동산법학회
• 저자명: 김성필(Kim Sung-Pil)
• 간행물 정보: 『부동산법학』부동산법학 제9권, 73~89쪽, 전체 17쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.12.01

영문 초록

Not only present states but formalities of the transfer of a real right must be registerd from the viewpoint of the ideal of the real estate registration system. But It could not be said that the registration is not valid on account of the defect in its formalities, if the registration of present states of the right is valid. But even so, I do not think that the last vendee can claim for the transfer of registration to himself from the original vendor. It is same even though all parties are agreed for the omission of intermediate formalities. In this point, I think that some facts must be considered in discussion of a 'Claim for Registration without Intermediate Registration'. First, a 'Claim for Registration without Intermediate Registration' can not be accept even if a forbidden clause in the 'Act on Special Measures for the Registration of Real Estate' is regarded as a supervision clause. Because it is the problem of the private law. Second, even though we accept the validity of a 'Claim for Registration without Intermediate Registration', we must consider the harmony with the practical affairs of he registration in the 'Registration of Real Estate Act'. Third, we must be careful with the difference of the validity between the registration which already made and a 'claim for registration without intermediate registration'. Forth, the consideration for the cause of the claim should be assumed in investigating into acception of a 'claim for registration without intermediate registration'. In conclusion, from the viewpoint of the above facts, I think that a 'claim for registration without intermediate registration' does not have the authority. So it is not valid, it must not be accepted. The 'registration without intermediate registration' is often used for the sake of an evasion of the law; a slip from the grip of the law, for example, tax evasion or speculation, etc. There is no any reason for the accepting the validity of the 'registration without intermediate registration'.

목차

Abstract

Ⅰ. 들어가는 글

Ⅱ. 학설과 판례

Ⅲ. 학설과 판례의 검토

Ⅳ. 마치며

참고문헌