登記强制主義에 관한 立法論的 考察

We have adopted the principle of application by the party in Registration of Real Estate Act. So, it is decided through an intention of the party whether the party makes an application. However, this system has raised some problems. So, the government has enacted the Act on Special Measures for the Registration of Real Estate to making public the process and form changed property rights of real-estate to correspond the truth right of real-estate. But, the registration to preserve the ownership is not enforced under the existing provisions. In result, it has had a bad influence to our system: evasion of the registration tax, damage of the principle about fair taxation etc.. In this study, I would review and analyze some problems of our system about enforcing real-estate registration and registration systems of Japan for construction of the real-estate registration corresponding to the substance. And then, I would offer solution to the adoption of a principle enforcing real-estate registration: the amendment of the Act on Special Measures for the Registration of Real Estate, the adoption of registration system about the indication of real-estate. In the event, this discussion would furnish the first step toward the solution of the question to improve the real-estate registration system.