부동산공시제도의 일원화에 관한 연구
A Study on Unification of Public Disclosure Systems of Real Estate
이선영(영남대학교)
19권 2호, 9~41쪽
초록
Public disclosure systems of real estate can be classified as of the land register, the building, the right relation, the market price and appraised value of real estate, etc. There are three institutions for a public disclosure of real estate, i.e. a state, a local government, and a court of justice. As the method of the public disclosure is various, such as registering or enrolling it in the official books and gazettes, people's legal life is inconvenient and the economic cost is heavy. Such being the case, unification of public disclosure systems of real estate is necessary. Even though there have been continuous discussions about unification of public disclosure systems of real estate (focused on the unification of the real estate book and the real estate register) in the academic world, no improvements were made. In this study, the improvement plans are suggested by systematizing the situations of public disclosure systems of real estate that have been discussed in the meantime, and also research topics about the public disclosure system of the market price and appraised value of real estate which has taken effect since June 2006 are covered. Especially it is said that though the civil law defines 'land and its fixture are one real estate', to treat the land and building as separate real estate is because those right relations are disclosed respectively in the real estate register without unification of the cadastre and the building book. For the unification of public disclosure systems of real estate, the cadastre and the building book must be unified into the real estate book. And then this real estate book must be unified with the real estate register of a court of justice. And through revising the civil law, it is needed to establish new basis clause of a substantial law for the registration of the market price of real estate and the right of land value use. If the market prices and the declared value of real estate are registered in the section of real estate register that is newly made through revising the real estate registry law, the unification of public disclosure systems and the systematic administration of real estate will be accomplished.
Abstract
Public disclosure systems of real estate can be classified as of the land register, the building, the right relation, the market price and appraised value of real estate, etc. There are three institutions for a public disclosure of real estate, i.e. a state, a local government, and a court of justice. As the method of the public disclosure is various, such as registering or enrolling it in the official books and gazettes, people's legal life is inconvenient and the economic cost is heavy. Such being the case, unification of public disclosure systems of real estate is necessary. Even though there have been continuous discussions about unification of public disclosure systems of real estate (focused on the unification of the real estate book and the real estate register) in the academic world, no improvements were made. In this study, the improvement plans are suggested by systematizing the situations of public disclosure systems of real estate that have been discussed in the meantime, and also research topics about the public disclosure system of the market price and appraised value of real estate which has taken effect since June 2006 are covered. Especially it is said that though the civil law defines 'land and its fixture are one real estate', to treat the land and building as separate real estate is because those right relations are disclosed respectively in the real estate register without unification of the cadastre and the building book. For the unification of public disclosure systems of real estate, the cadastre and the building book must be unified into the real estate book. And then this real estate book must be unified with the real estate register of a court of justice. And through revising the civil law, it is needed to establish new basis clause of a substantial law for the registration of the market price of real estate and the right of land value use. If the market prices and the declared value of real estate are registered in the section of real estate register that is newly made through revising the real estate registry law, the unification of public disclosure systems and the systematic administration of real estate will be accomplished.
- 발행기관:
- 한국부동산연구원
- 분류:
- 토지/부동산/주택/농지법