登記에 관한 特別措置法의 立法上 및 判例上 問題點

• 영문명: The legislative and judicial problems on the special acts of real property registration
• 발행기관: 한국민사법학회
• 저자명: 배병일(Bae, Byung-Il) 윤정용(Yun, Jung-Yong)
• 간행물 정보: 『민사법학』제31호, 315~357쪽, 전체 43쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2006.03.31

영문 초록

Civil Law is legislated in 1958, and enforced in 1960. The registration doctrine of the real estate in Civil Law is changed from opposing requisites to materializing requisites. So in Civil Law, change of the ownership is required transfer of the registration. But the people s legal feelings do not modified their attitude in spite of the change of the registration doctrine. Therefore the special act of convenient procedure for change of the ownership legislated in 1961, and thereafter 8 times legislation. But there are many legislation problems in the special acts, so it is improper use in the enforcement. Nevertheless the registration transfer by a dishonest means increased, Supreme Court adjudicated superior presumption on the special act cases. In the special act cases, court hesitate the recognition of falsehood of a letter of guarantee by one or two conditions. So it is difficult that a plaintiff reverse a defendant s claim. It should change the attitude of the Supreme Court in these special act cases. It needs that countermeasures coped with deficiency of legislation, so that a guarantor change committee for investigation etc. I think that the strict discipline of the Supreme Court loosened falsehood of the guarantee.

목차

Ⅰ. 問題의 提起

Ⅱ. 特別措置法의 內容과 立法上 問題點

Ⅲ. 特別措置法에 관한 판례상 문제점

Ⅳ. 결론

키워드

부동산 特別措置法 보증서 확인서 허위성 real property special act letter of guarantee letter of recognition falsehood