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      • KCI등재후보

        登記强制主義에 관한 立法論的 考察

        김판기(Kim PanGi) 한양법학회 2008 漢陽法學 Vol.24 No.-

        We have adopted the principle of application by the party in Registration of Real Estate Act. So, it is decided through an intention of the party whether the party makes an application. However, this system has raised some problems. So, the government has enacted the Act on Special Measures for the Registration of Real Estate to making public the process and form changed property rights of real-estate to correspond the truth right of real-estate. But, the registration to preserve the ownership is not enforced under the existing provisions. In result, it has had a bad influence to our system: evasion of the registration tax, damage of the principle about fair taxation etc.. In this study, I would review and analyze some problems of our system about enforcing real-estate registration and registration systems of Japan for construction of the real-estate registration corresponding to the substance. And then, I would offer solution to the adoption of a principle enforcing real-estate registration: the amendment of the Act on Special Measures for the Registration of Real Estate, the adoption of registration system about the indication of real-estate. In the event, this discussion would furnish the first step toward the solution of the question to improve the real-estate registration system.

      • KCI등재

        개방형 축사 등 동식물 관련 건축물의 등기에 관한 연구

        김판기(Kim, PanGi) 한양법학회 2009 漢陽法學 Vol.27 No.-

        In the current law, there is not regulation about the concept of building becoming a target of the real-estate registration. We only must satisfy the required conditions to be acknowledged as a building which becomes a target of the real-estate registration by judicial precedents and the regulation concerned with registration : ① a building has to be got settled firmly at the land, ② a building has to be divided in structure(for example: a roof, the four walls of a building and so on), ③ a building may be independently used. However, there are various demands recently for buildings. And buildings which have various uses and structures have appeared one after another. So there are buildings being able to make a public announcement even though that are not satisfied the conditions required by judicial precedents and the regulation concerned with registration. These buildings have had a big financial value. But these buildings can not be registered in the current law systems. As a result, various problems(for example: safety in business relations, limitation of exercise of the right of property) have arisen. Thus, we have to amend the standards to be acknowledged as a building which becomes a target of the real-estate registration. These standards should be instantly coped with the surrounding circumstances or the change of situation. In this study, I would review analysis the required conditions to be acknowledged as a building which becomes a target of the real-estate registration in Korea and Japan(real-estate registration system of Japan is very similar to real-estate registration system of Korea). On the basis of review and analysis, I would give careful consideration to methods of the registration about these buildings. Especially, in this study I would concentrate on buildings for plants and animals. Because, there is a great demand for these Buildings for plants and animals from among various buildings. And then, I would offer a legislative bill on the registration of buildings for plants and animals.

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