Problems and Improvement Measures of the Real Estate Registration System
Problems and Improvement Measures of the Real Estate Registration System
박종렬(광주여자대학교); 유창훈(송원대학교)
25권 2호, 179~216쪽
초록
This paper aims to identify the structural problems of Korea’s real estate registration system and to propose practical measures for its improvement. The real estate registration system plays a crucial role in protecting citizens’ property rights and ensuring the security of transactions. However, the current system faces various limitations, including the lack of public credibility of registration, a formalistic approach to examination, the dual structure of the registry and cadastral records, and the occurrence of false or inaccurate registrations. Due to the fact that registrars only review the formal aspects of application documents without verifying the substantive legal relationships, frequent occurrences of forged or false registrations arise. These issues lead to infringements on citizens’ property rights, foster social distrust, and result in repeated legal disputes. In this study, through literature review and case analysis, the problems and underlying causes of the current system were systematically examined. Specific improvement measures were proposed, including securing the reliability of the registration system, strengthening registrars’ authority for substantive examination, introducing advanced technologies such as blockchain, establishing relief systems for victims, and modernizing information systems. In particular, emphasis is placed on the notarization and permanent electronic preservation of the certificate of registration cause, the activation of title insurance, the strengthening of identity verification procedures, and the enhancement of procedural simplicity and transparency through digital transformation. This paper clarifies that the ultimate goal of the system is to substantially enhance the reliability and safety of real estate transactions and to protect citizens’ property rights. It suggests that future innovations in the registration system should be integrated with Fourth Industrial Revolution technologies, leading to policy and institutional developments that can simultaneously ensure both transaction efficiency and reliability.
Abstract
This paper aims to identify the structural problems of Korea’s real estate registration system and to propose practical measures for its improvement. The real estate registration system plays a crucial role in protecting citizens’ property rights and ensuring the security of transactions. However, the current system faces various limitations, including the lack of public credibility of registration, a formalistic approach to examination, the dual structure of the registry and cadastral records, and the occurrence of false or inaccurate registrations. Due to the fact that registrars only review the formal aspects of application documents without verifying the substantive legal relationships, frequent occurrences of forged or false registrations arise. These issues lead to infringements on citizens’ property rights, foster social distrust, and result in repeated legal disputes. In this study, through literature review and case analysis, the problems and underlying causes of the current system were systematically examined. Specific improvement measures were proposed, including securing the reliability of the registration system, strengthening registrars’ authority for substantive examination, introducing advanced technologies such as blockchain, establishing relief systems for victims, and modernizing information systems. In particular, emphasis is placed on the notarization and permanent electronic preservation of the certificate of registration cause, the activation of title insurance, the strengthening of identity verification procedures, and the enhancement of procedural simplicity and transparency through digital transformation. This paper clarifies that the ultimate goal of the system is to substantially enhance the reliability and safety of real estate transactions and to protect citizens’ property rights. It suggests that future innovations in the registration system should be integrated with Fourth Industrial Revolution technologies, leading to policy and institutional developments that can simultaneously ensure both transaction efficiency and reliability.
- 발행기관:
- 한국법학회
- 분류:
- 법학