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A Legal Study on the Improvement of the Seal System under the Act on Special Measures for the Registration of Real Estate

  • Public Land Law Review
  • Abbr : KPLLR
  • 2020, 90(), pp.121-152
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : May 1, 2020
  • Accepted : May 22, 2020
  • Published : May 25, 2020

Seok,Ho-Young 1

1명지대학교

Accredited

ABSTRACT

Under the current Act on Special Measures for Registration of Real Estate, the seal system requires a person to apply for a transfer of real estate ownership and directly regulates various expedient or illegal acts of applying for false or insolvent registration used as a means of real estate speculation or avoiding transaction restrictions to curb real estate speculation, so that the person who enters into a contract to transfer real estate ownership to establish a sound real estate transaction order by matching the details of the registered property and the actual transactions. Meanwhile, the Report System on Real Estate Transactions under the Act on Report on Real Estate Transactions, etc. is also being operated, and the Report System on Real Estate Transactions, enacted for the purpose of establishing the transparent report system and contributing to the national economy by prescribing the matters concerning the report and permit on the real estate transactions, etc. It currently overlaps with the seal system under the Act on Special Measures for Registration of Real Estate. Although the legislative purpose at the time of the introduction of the seal system under the Act on Special Measures for Registration of Real Estate is still reasonable, it will be necessary to review the improvement of the seal system under the Act on Special Measures for Registration of Real Estate, given that other similar systems under the jurisdiction of the Ministry of Land, Infrastructure and Transport, called the Report System on the Real State Transactions, exist and that institutional improvements are required for the seal system itself. Therefore, this paper will review the overlaps with the similar system through reviewing the seal system under the "the Act on Special Measures for Registration of Real Estate" and to present improvement measures for the efficient operation of the seal system under the Act on Special Measures for Registration of Real Estate".

Citation status

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