不動産實名制에 관한 硏究
A study on the real estate registration system under it's real owner's name
iii, 70 p.
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This is the treatise on Real named Real Estate system. The nominal trust theory which is used widely and frdquently over our legal life have been formed and developed, and it is so special that cannot be found in any other countris. This theory has many disputed points which can be the opposite side of the basic principle of Real Estate Act. Here, the nominal trust have to be changed. In this point of view, the government enacted the inheritance tax Act which regard nominal trust as the special Act on Real Estate Registration that forbids the righter of real estate from registering as other's name for the evasion of taxes, the speculation, the evasion of law. That Act drives nominal trust as a tax burden and punishment. For righters of real estate have used the abolition of nominal trust that have taken up an attitude of regarding as valid article but for Real Estate Registration article. The Act on Real Named Real Estate Registration was legislated in march 30th, 1995 in order to avoid repeated failures of the past. The new one cannot be applied on only one case, it is that the real estate of the same clan and of the spouse. And that act prescribes nominal trust is invalid. The purpose of this Act should be the realization of econmic justice with the Real Named Financial Transaction System. Above purpose is right but the means of the control has some problems. Register paper must be certified. In addition to that, the discretionary power of official concerned in the registration, the unifying the registration books, the public crdeibility of registration, automatic processing of registr data are also necessary. Real Named Real Estate System involves transaction of real estate, the price of real estate, the factor of registration are found in truth. So, it is need to contemplate systhetic and systematic countermeasure to realize Real Named Real Estate System.