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중복등기에 관한 소고

원문정보

A Study on the double Registration

김명수

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초록

영어

Takes one paper principle of the real estate of real-estate registration legal one of our countries. Therefore, the double registration does not occur. But, in compliance with the cause of the various branch the double registration will be able to occur. Solve like this problem with the theory for to be a procedural law opinion, an substantive law opinion and a compromise opinion, these is to relationship which is opposed each other. Has which one theory and about duplication registration solves a problem, is not easy. he right of ownership preservation registration which about, the case which has the double registration of the identical person registration holder of a title deed to the real estate which is identical in compliance with one paper principle of one real estate does after does with invalidity, the case where the registration holder of a title deed is different first the grudge where the cause of the registration which does is not invalid, the registration which does after must do with invalidity. About double registration to the time when sees the first Supreme Court all the member agreement body judgment there was a compromise opinion and an substantive law opinion. Supreme Court all the member agreement body judgment of recent times about the real estate which is identical the case where becomes the double registration which differs the registration holder of a title deed, the grudge where the cause of the registration which comes to do first does not become invalid, later the registration which comes to do is invalid, means that also the registrations of the after that are invalid. This thinks burns the judgment which encounters. Conclusively, the double registration must solve as supreme court ruling in compliance with the various branch laws which are maintained. When and, about double registration the dispute occurs and the lawsuit is proposed in the court of justice, the court of justice in compliance with a Supreme Court all the member agreement body judgment must solve.

목차

< Abstract >
 Ⅰ. 서언
 Ⅱ. 중복등기의 의의
 Ⅲ. 중복등기의 발생원인
 Ⅳ. 중복등기의 효력에 관한 학설 및 판례의 검토
  1. 중복등기의 효력에 관한 학설의 검토
  2. 중복등기의 효력에 관한 판례의 검토
 Ⅴ. 중복등기의 문제점과 그 해결방안
  1. 중복등기의 문제점
  2. 중복등기의 문제점에 관한 해결방안
 Ⅵ. 결론
 참고문헌

저자정보

  • 김명수 Kim, Myeong-Soo. 안동과학대학 경호경찰과 교수

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