일·한·중에 있어서 부실등기를 신뢰한 선의의 거래자의 보호에 관한 비교 고찰

• 영문명: A Comparative Study on Protection who dealt with trusting the unreliable Registration in Japan, Korea and China
• 발행기관: 충북대학교 법학연구소
• 저자명: 장석천(Jang, seok-cheon)
• 간행물 정보: 『법학연구』第20卷 第2號 (2009), 105~126쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.12.30

영문 초록

As the registry is a system in order to prevent the unpredicted damage that might happen to the third party, by clearly announcing publicly the contents of relationship in a right for the third party in the deal relationship of real estate, as a symbol that allows a change in a real right on real estate to be possibly recognized from outside all the time, it plays a role of protecting safety of a deal. This study attempt to the china, japan registration system and the Korean registration system. In result, it was found that the its institutional reorganization is needed to recognize the public confidence power of the registration system in order to make an accurate indication of changes in the real right of real estate and protect the safety of its transactions. For this, this study is comprised as follows. it first discusses about real property registration in Korea, China and Japan, and examines about how a person will be protected who dealt with trusting the unreliable registry, Finally, the aim is to present to conclusion that the appearance of acknowledging source credibility of registry in a deal of real estate needs to be operated suitably for the real situation of each country.

키워드

부동산등기제도 부실등기 부동산등기 공신의 원칙 공신력 Real Property Registration System Unreliable Registration Real Estate Registration Credit Principle Public Confidence