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Legal Improvement Measures to Prevent Defective Real Estate Registration - Analysis of the importance of improvement factors using AHP -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2025, 13(4), pp.451~490
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : November 10, 2025
  • Accepted : November 26, 2025
  • Published : November 30, 2025

안정윤 1 Lee Jae Woo ORD ID 1

1목원대학교

Accredited

ABSTRACT

The current registration system, overly focused on formal review and procedural administration, fails to fully achieve its original goals of protecting citizens' property rights and ensuring transaction security. Therefore, this study conducted a hierarchical analysis of registration officers responsible for reviewing registration administrative matters, as well as judicial scriveners, attorneys, and law firm managers responsible for registration applications. This analysis identified practical priorities for system improvement measures and their potential for policy adoption. Through analysis of domestic and international real estate registration laws, a review of prior research, and in-depth interviews with practitioners, the research identified 12 potential improvement initiatives for legal reform to prevent fraudulent registrations. The AHP analysis revealed that registration experts ranked measures to enhance trust through government communication technology and proactive rights protection measures (such as SMS notification services, advance registration, and supplementary registration) as most important. In contrast, ex post facto relief measures (objection registration, damage compensation, and corrective registration) ranked relatively low. These results suggest that the real estate registration system should evolve toward a rights-protection-centered registration administration system that balances ex post facto prevention, substantive review, and ex post facto relief. This study holds academic significance in that it provides empirical evidence and policy directions for improving real estate registration administration by analyzing the perceptions of registration practitioners through AHP analysis. It can serve as a foundation for institutional reform aimed at digitalizing real estate administration, restoring public trust, and strengthening legal stability.

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