부동산디지털등기신청의 현황과 법제도적 개선방안

The Supreme Court extended the second round of computerization work for the court register affairs to 2010. The main computerization work includes applying, inquiring and issuing of the register transcripts on the internet. Also, the Supreme Court revised some of the provisions of the Property Register Act(“Act”) by which one could apply for the digital register starting on Jun. 1, 2006(Article 177.8 and 177.10, the Act inserted). Hence, the method of applying for registering properties can be largely divided into 2(two): the current off-line register application method characterized by using the existing e-Form and the on-line digital register application method. Out of the two, the sphere which the Supreme Court seeks several ways with the deepest interest is the on-line digital register application for properties. However, the effect of implementing the scheme is short for expectations yet. Under this situation, there is a need to consider improving the scheme from the big 2 viewpoints in order to activate the digital register application for properties. Firstly, the Act should be wholly revised to secure the base for the efficiency and trustworthiness of the digital register application for properties in the legislative dimension. The main revision of the Act should focus on the digital register of the real estates. Secondly, the formation of the institutional base which can acknowledge the trustworthiness of the register by creating the Center for Registering the Real Estate Rights through the escrow system, title insurance system or the proxy acting for the qualifier on the technology-based assumption in the law and institutional dimension. of a technology base is needed. Coupled with it, in the application procedure, the system which enables the non-corporate incorporated body or foundation to apply for the digital register for properties should be established. By doing so, the balance between the off-line register application and the on-line digital register application can be made. In addition, the register application structure should be converted to the enforced application from the principal's application to secure a balance with the principle of the Article 186, Civil Code and grant a register screening official a practical screening right while applying a stricter responsibility related with the register application procedure affairs and the relevant personal information protection as an expert to the register official and the proxy acting for the qualifier.