부동산소유권이전에 있어서 물권행위 필요성 재검토

This paper is need for reconsideration of Auflassung, Einigung in the transfer of real estate ownership. Especially, the study deals with the follow items Need for reconsideration of Auflassung(Especially, consensus of the real estate transfer), Einigung(agree to any compromise or arrangement) in the transfer of real estate ownership on the korea. Especially, this paper deal with consensus of the real estate transfer(auflassung) in article 186 of civil law code of korea. Korean civil law adopts a formalism with respect to changes in real rights to make clear the existence/non-existence of real right change and the time occurred, and unify the legal relation among the parties concerned and toward a third party. Thus the change in real right does not become effective just by a declaration of intention for that purpose until it is made public either by a registration in case of realty trade (186, Civil Law) or a transfer in case of movables (188). In first chapter, the purpose of this paper is explained and introduce the method of investigation. In second chapter, it description studied concept of Einigung, Auflassung and precedent cases have studied, most of which are from Korea and Japan, Germany. As a result, must explained reconsideration of auflassung with the transfer of real estate ownership by current civil code and the reality of trading.