The purpose of this research is to analyze and evaluate the current state of Korea's dual real estate records system wherein the judiciary branch is in charge of real estate registration system and the executive branch is in charge of cadastral system...
The purpose of this research is to analyze and evaluate the current state of Korea's dual real estate records system wherein the judiciary branch is in charge of real estate registration system and the executive branch is in charge of cadastral system, come up with problems to be solved, and propose practical solutions.
Chapter 2, after giving an overview of the history, legal sources of law, basic principles etc. of the real estate registration system and the cadastral system in Korea, evaluates the current system and identifies the problems which need to be addressed. Chapter 3, focussing on Germany and Japan - two countries with the greatest impact on the formation of Korea's real estate records system - reviews the current state of the real estate records system of foreign countries and discussions on integration of their real estate registration system and cadastral system.
After proposing development directions and goals of the real estate records system in Korea, Chapter 4 points to the problems and limitations of approaches to integrate the register book and the cadastre, and including information of the register book in the comprehensive real estate register recently pushed by the executive branch. Since the aforesaid method that brings about big changes in the current system not only requires a large budget but is problematic (e.g. causing inconvenience and confusion to citizens), this research argues that exploring methods that can solve problems and supplement the current system better serves the development directions and goals of Korea's real estate records system. From this perspective, legislative measures such as amendment of the Building Act and technical measures such as computer system linking between the register book and the cadastre were proposed as the methods of improving the current real estate records system. Such methods will solve problems and improve the current real estate records system, i.e. discrepancies between the register book and the cadastre and inconveniences of citizens' and inefficiency of work due to dual procedure of the registration system and the cadastral system, argues this research.