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법제교류지원을 위한 한국 부동산디지털등기제도

Title
법제교류지원을 위한 한국 부동산디지털등기제도
Alternative Title
Digital Real-estate Registration System in Korea for Supporting Legal Exchange
Author(s)
박광동
Publication Year
2009
Publisher
한국법제연구원
Type
Research Report
Series/no
법제교류 연구, 09-17-6
Language
eng
Extent
129
URI
http://www.klri.re.kr:9090/handle/2017.oak/4456
Abstract
Recent development of science calls for changes in legal system, particularly in real-estate registration system.
To be specific, the registration system that has computerized paper register is now in the stage to digitalize application for registration.
In this situation, 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, 2006(Article 177.8 and 177.10, the Act inserted).
Major details of the amendment include acceptance of digital application for registration in addition to the existing personal application and in case of real-estate digital registration, substitution of digital documents for paper application or attached documents. In addition, in case of digital application, attendance of the party or representative to registration is not exceptionally required and delivery of paper registration certificate may be substituted with a notice of information.
For the unification of reception time of online application and off-line application, the time when a given information has arrived at the electronic processing system is considered as the reception time of digital application. In the amendment, clauses for the obligation to prevent registration information from leaking and punishment is newly established in a way to protect personal information.
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.
Table Of Contents
Chapter 1. Introduction 9


Chapter 2. The Outline of Real Estate Registration System in Korea 11
1. The meaning of real estate registration 11
2. The history and features of the property registration system of Korea 12
3. Effect of registration 25
4. The type of registry 29


Chapter 3. The real estate digital registration system 41
1. The current situation and the application procedure. 41
2. The Registration of Real Estate Act revised particularsrelated to real estate digital registration 49
3. The content of the concrete procedure 52


Chapter 4. The effectiveness and the Direction of Development 103
1. The effectiveness 103
2. Direction of Development in the Registration System 116


【Annex】
REGISTRATION OF REAL ESTATE ACT 121
Bibliographies 129
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