Registration Of Ownership Research Articles

Research on Rural Real Scene Model Measurement Based on POS Aerial Triangulation Technology

Rural development has always been one of the key and difficult problems in China, such as rural natural disaster monitoring, rural land resources and homestead management, rural cultural and tourism development, comprehensive management of rural environment and so on. In this paper, POS aerial triangulation technology is combined with rural areas, and the three-dimensional rural real scene is modeled and digitized, which brings a new idea to rural development and governance. In this paper, the consumer UAV is used to complete the rural low altitude aerial photography, and the rural 3D model reconstruction is completed based on the smart3d platform. The specific principle of POS assisted aerial triangulation is analyzed and the three-dimensional modeling process based on UAV aerial photography is displayed. Through experiments, it is verified that POS assisted aerial triangulation technology without ground control points can realize the 1:1 establishment of three-dimensional real scene model. The side length and height information can be read on the model, and the accuracy is high. At the same time, it puts forward the possibility and convenience of three-dimensional real scene model for house and land ownership registration. In the scene of site constraints and topographic conditions, POS assisted aerial triangulation without ground control points has the application value of emergency rescue, and has a certain practical significance for rural geological disaster monitoring.

THE PROBLEM OF DIVERSITY OF LEGAL RELATIONS BETWEEN LAND AND BUILDINGS AND STRUCTURES LOCATED ON IT

Article is devoted to problematic aspects of ensuring the automatic transfer of ownership of land to the purchaser of the building (structure), since the transfer of land rights and the transfer of buildings and structures rights located on it occurs according to different procedures. Moreover, transfer of land rights is much longer, more complicated and often more expensive procedure than transfer of buildings and structures rights. This situation significantly undermines the effectiveness of current Ukrainian legislation, which requires simultaneous alienation of land, buildings and structures. Possession of land ownership, where located a building (structure), which is owned by another person and constructed legally, according to all legal and registration procedures, contradicts the essence of the concept of real estate, because real estate can be recognized only as property connected with the land. Therefore, if we separate the land rights from the building rights, the building actually loses the status of real estate, although this status is recognized by the state due to the person’s registration of ownership as real estate. Lawyers have repeatedly suggested their opinion to establish legal interdependence between land and buildings and structures located on it, which are considered separate, independent objects of property rights, so that land and buildings and structures located on it share a single legal fate – had the same property status and were owned and used by one person. The relevance of the topic is that a detailed analysis of the provisions of Part 1. Art. 120 of the Land Code of Ukraine gives grounds to conclude that modern legal regulation of real estate relations do not provide not only automatic but also more or less simultaneous transfer of land rights and non-land real estate.

A reformative framework for processes from building permit issuing to property ownership in Turkey

A smart built environment has become necessary for ensuring social well-being due to uncontrolled population growth and unrestrainable urban sprawl. In this connection, effective land administration is a significant element to actualize sustainable development. Yet existing building permit procedures fail to satisfy the need for current construction demands because of the insufficient transparency and inefficient procedures. Two dimensional (2D) based systems also remain incapable to unambiguously delineate the property ownership related to complex buildings. Keeping up-to-date the three dimensional (3D) urban models is another key for smart cities but this issue has become difficult owing to the rapid changes in the cities. In this sense, this paper first examines thoroughly the current situation in Turkey in terms of the building permit procedures, land administration, and 3D city modeling. Then, the paper detailedly proposes a reformative framework. The framework consists of the use of digital building models for both building permit processes and 3D registration of property ownership, as well as updating the 3D city model databases. The proposed framework is evaluated in terms of its applicability with a discussion of the prospective directions.

OBJECTS OF СONCESSION AGREEMENT: LAW ENFORCEMENT PROBLEMS AND WAYS TO OVERCOME THEM

The article offers an analysis of the legal norms of the current legislation regarding the definition of the objects of concession agreements. A brief assessment of the amendments to the Federal Law No. 115-FZ “On Concession Agreements” dated July 21, 2005, regarding the inclusion of information technology objects in the list of objects of concession agreements is given. The correlation of general and special norms at the conclusion of concession agreements in respect of several objects is considered. The position on the presence of a gap in legal regulation and the need to establish a list of cases at the level of a sub-legislative regulatory act giving reasons to evaluate the conclusion of a concession agreement for several types of objects for possible prevention, limitation or elimination of competition is substantiated. Peculiarities during the transfer of communal facilities by concession agreement regarding state registration of ownership of these facilities and the term for putting them into operation were revealed. On all issues considered, the author gives examples from judicial practice.

Ownership Registration of Different Types of Legal Structures From an International Comparative Perspective. State of Play of Beneficial Ownership - Update 2020

This paper comparatively examines the registration and disclosure requirements of the ownership of legal entities (such as companies) and arrangements (such as trusts) across 133 jurisdictions, including all OECD and EU member states as of April 2020. Beneficial ownership transparency is widely considered to be a key policy for tackling illicit financial flows that encompass cross-border financial transactions for money laundering, tax evasion, corruption and the financing of terrorism. By identifying, registering and disclosing the identities of natural persons who ultimately own or control legal vehicles, the abuse of corporate secrecy can be prevented. Yet, for the verification of beneficial ownership data in cross-border settings, and for successfully tackling investment and hedge fund opacity, it is increasingly acknowledged that beneficial ownership information alone is not enough. Rather, registration of all legal owners is a prerequisite for the integrity of ownership data. Furthermore, ownership registration is arguably a crucial prerequisite for a straightforward functioning of the automatic exchange of information under the Common Reporting Standard, especially for Ultra High Net Worth Individuals. This paper provides the most comprehensive and in-depth analysis of the current state of play of both legal and beneficial ownership registration across the planet.

Visualization of 3D Survey Data for Strata Titles

Major cities and urban areas are beginning to develop and use 3D properties and public facilities. Consequently, 3D cadastral surveys are increasingly being employed for strata unit ownership registration as a part of land administration services. At present, most national land information systems do not support 2D and 3D cadastral visualizations. A field survey or validation survey is required to determine the geometry of 3D spatial units for property registration. However, the results of 3D surveys and mapping are not stored in the land information system. This work aims to integrate 2D and 3D geospatial data of property units collected from cadastral surveys with their corresponding legal data. It reviews the workflow for the use of 3D survey data for first-titling of 3D properties in Indonesia. A scenario of use and a prototype were developed based on existing practices and the possibility of extending Indonesia’s Land Administration Domain Model (LADM) to represent 3D units. Data submitted to the prototype as 3D geometries was survey data from 3D cadastral surveys or validation surveys utilizing terrestrial survey methods. The prototype used PostGIS and Cesium Ion to store 3D geometries of data from six 3D surveys. Registrars in local land offices could use the prototype to undertake strata unit registration that establishes a relationship among geospatial features and their survey documents and legal documents. Cesium JS was used as a 3D browser, customized as a web application, to manage and visualize 3D survey data to support strata title registration. The results demonstrate that the first titling of 3D cadaster objects could be conducted and properly visualized in Indonesia by extending the existing LADM with more support for 3D spatial representations and survey documents.

PELAKSANAAN TUGAS KANTOR PENDAFTARAN FIDUSIA TERHADAP PEMBERLAKUAN SISTEM ADMINISTRASI PENDAFTARAN JAMINAN FIDUSIA SECARA ELEKTRONIK DI PROVINSI DAERAH ISTIMEWA YOGYAKARTA

All activities related to registration of Fiduciary Transfer of Ownership formerly done in Fiduciary Registration Office. Then to improve service of Fiduciary Transfer of Ownership registration easily and quickly. This legal research aims to know how task execution of fiduciary registration office to the implementation of the administrative system fiduciary transfer of ownership registration electronically (online system) in the Provinces of a Special Region Yogyakarta. This legal research uses empirical research method with primary data and secondary data. The process of thinking is deductive. The conclusion in this legal research is Fiduciary Registration Office has a task that already executed by accordingly with legislation, but there is a task that not yet executed well which is checking authority list of sburdened objects with Fiduciary Transfer of Ownership electonically.Keywords: fiduciary; fiduciary registration office; electonic fiduciaryAbstrakSemua kegiatan yang berkaitan dengan pendaftaran jaminan fidusia dahulu dilakukan melalui Kantor Pendaftaran Fidusia.Kemudian untuk meningkatkan pelayanan pendaftaran jaminan fidusia dengan mudah dan cepat. Penelitian ini bertujuan untuk mengetahui bagaimana peran Kantor Pendaftaran Fidusia terhadap pemberlakuan sistem administrasi pendaftaran jaminan fidusia secara elektronik (online system) di Provinsi Daerah Istimewa Yogyakarta.Penelitian hukum ini menggunakan metode penelitian empiris dengan sumber data primer dan data sekunder. Proses berpikir yang akan digunakan yaitu proses berpikir secara deduktif. Kesimpulan dalam penulisan hukum ini adalah Kantor Pendaftaran Fidusia memiliki peran yang sudah sesuai dengan peraturan perundang-undangan yang berlaku, namun ada peran yang belum sesuai yaitu mengenai kewenangan pengecekan daftar obyek yang dibebani jaminan fidusia secara elektronik.Kata kunci: fidusia; kantor pendaftaran fidusia; fidusia online

FEATURES OF TAXATION OF INCOME FROM THE SALE OF LAND BY INDIVIDUALS FROM A POSITION OF A COMBINATION OF PUBLIC AND PRIVATE INTERESTS

The article deals with situations when the taxation of income of citizens with income tax from the sale of land does not fully comply with the principle of maintaining a balance of public and private interests. In particular, these are cases of sale of newly formed land plots, land plots held by citizens on the rights of permanent (unlimited) use or lifelong inheritable possession prior to registration of ownership of them, seizure of land plots or their parts for state or municipal needs. In order to protect private interests and stimulate the turnover of land plots, the author proposes exempting citizens from income tax when selling land plots before the expiration of the minimum term of owning an immovable property in these cases.

Упрощенная процедура оформления права собственности на земельные участки и строения (дачная амнистия)

Упрощенная процедура оформления права собственности на земельные участки и строения (дачная амнистия)

THE STATE REGISTRATION OF THE RIGHT OF USE OF LIVING ACCOMODATION UNDER A LIFE ESTATE AGREEMENT

Abstract: this article focuses on the issue of the State registration of the right of use of living accommodation under a life estate agreement. The research deals with the issue of absence of compulsory State registration of this right as the reason for de facto inaccuracy of the Unified State register of real property. The mechanism for the State registration is analyzed. The need for the statutory determination of the rule of compulsory State registration of the right of use of living accommodation under a life estate agreement is justified. It is proposed to give the State registration a legislative nature with simultaneous setting of guarantees of annuity rights. It is considered to adopt a rule of the automatic State registration simultaneously with the change of owner ship registration to transferred real estate property with granting annuity.

Beneficial Ownership Transparency in Africa: The State of Play in 2020

Leak after leak has confirmed what African citizens have long suspected: the elite hide their actions and identities to loot state resources and reduce taxes owed. African countries are taking action to domestically address financial secrecy, including requiring the beneficial owners of companies, partnerships, foundations and trusts to register. In 2015, the High Level Panel on Illicit Financial Flows from Africa, established under the direction of the African Union and United Nations Economic Commission for Africa Conference of African Ministers of Finance, Planning and Economic Development, articulated the entrenched social and economic inequalities which blight many African countries. The High Level Panel was emphatic that the year-on-year hemorrhaging of government revenues was a fundamental obstacle to achieving sustained human development, the fulfillment of basic human rights and the ending of poverty. Identifying, registering and disclosing the people who ultimately own or control legal vehicles is a key policy for promoting and protecting domestic revenue mobilization that may otherwise be eroded by illicit cross-border financial transactions including money laundering, tax evasion and avoidance, corruption and terrorist financing. Ending anonymous ownership of companies and other legal entities through beneficial ownership disclosure was a key recommendation made by the High Level Panel. This report examines the state of beneficial ownership transparency in Africa today. It comparatively assesses the registration and disclosure requirements for the ownership of legal vehicles, including companies, partnerships, trusts and private foundations, across 17 African countries as of April 2020, drawing on the data of the 2020 edition of the Tax Justice Network’s Financial Secrecy Index and supplementary research of beneficial ownership legislation introduced after the publication of the index in February 2020. African countries are making progress towards ending the abuse of corporate secrecy and this paper discusses the state of play and possible next steps of action. Laws requiring beneficial ownership to be registered with a government authority have been enacted in seven of the African countries assessed during this study. However, no country in Africa, or indeed the world, yet achieves the ideal level of beneficial ownership registration for every type of legal vehicle. Beneficial ownership transparency can be more effective on the continent by improving legislation and implementation in the following ways: - Beneficial ownership provisions should apply to all legal vehicles in all sectors, including companies, partnerships, trusts and foundations. - All bearer shares should be prohibited or at least immobilized by a government authority. - The definition of beneficial owner should not have a minimum threshold, ie, it should apply to every shareholder holding at least one share. - Legal and beneficial ownership information provided should be comprehensive, accurate and up to date and for the full ownership chain. - Beneficial ownership registration information should be verified and non-compliance should be met with sanctions. - Registries housing legal and beneficial ownership information should be made publicly available.

To the inventory of Ukraine’s defense lands

The article analyzes the inventory of the defense lands of Ukraine, which involves establishing the location of objects and their boundaries, because the implementation at the proper level of governmental functions of the state in the planning, monitoring and control over the use and protection of land depends on the availability of complete, objective and sufficient information about them. The offenses faced by land users of such land plots, in particular, are unauthorized occupation of land and unauthorized construction, seizure of land through registration of ownership of real estate objects, reduction of rent for land etc. The procedure of conducting land inventory, which regulates the requirements for carrying out land inventory during the implementation of land management and preparation of technical documentation, in particular, the Decree of the Cabinet of Ministers of Ukraine No. 476 «On Approval of the Procedure for Land Inventory and Recognition Of the Cabinet of Ministers of Ukraine» of June 5, 2019. The work done on the inventory of land and real estate of the Armed Forces of Ukraine for the period 2014-2019 has been evaluated. Positive aspects of correction and filling of the real estate database started three years ago in the Ministry of Defense of Ukraine for creation of automated workplaces of managers to support effective management of real estate and infrastructure network were noted, since the availability of systematic information about state-owned and owned land plots in the operational management of the Ministry of Defense of Ukraine depends on Ukraine's fulfillment of international obligations, which is an indisputable argument for yst of the state land inventory defense promptly. Keywords : inventory, land, property, defense lands, Ukrainian Armed Forces, land management projects.

THE DEVELOPMENT CONCEPT OF LAW CERTAINTY ON THE BUILDING CADASTRAL TOWARD THE RIGHTS OF OWNERSHIP ON THE STRATA TITLE RIGHTS BASED ON PROPERTY LAW IN INDONESIA

C adastral is a system of registration of rights to the property of both movable and immovable belonging to the Property Law, including the system of registration of land rights. In the Indonesian Customary Law System, there is separate ownership of land and buildings or houses, which are caused by different ownership of the legal subject of the owner and the legal subject of the owner of the house or building. As the customary legal system is not written, then the practice of separate ownership is not explicitly registered which indicates and provides the base of ownership to the land builder. In Minangkabau custom, there is heritage land called as Ulayat , which is controlled by tribes and administered by tribal administrators, each tribal family member can build a house on tribal land that is ulayat . Likewise, in North Sumatra known as the Sultan's Grant Land derived from the Sultan's Grant can be built a house or building separately of its ownership. The building of the house or building is not registered, but it is legally recognized. This customary law practice shows the recognition of building objects on land not the owner of the building. In the practice of apartment ownership, it is recognized that a housing unit is a separate object either vertically or horizontally with the foundation of the Flats Act which is de facto separate from the land, since the land is a joint or land owned together, but the registration of ownership of the unit the flats are incorporated in a certificate of ownership rights of the apartment units, this is because the apartment regime in the registration system is subject to the land law regime which raises many problems in society. This study aims to build the concept of legal vacuum in the form of the development of building cadastral system as an alternative solution to create legal certainty on the ownership of buildings, especially in buildings Flats due to time constraints rights to the Right to Build Building which is a common land. The research method used is the normative juridical method by looking deeper into the legal postulates against the establishment of a property registration regime on buildings that are an integral part of the flats in which there is a right to unit units of flats, shared parts, shared objects, and land together.

Nationalisation of the «Privatbank»: a look through the convention on human rights and fundamental freedoms

The introduction of the temporary administration gives the Deposit Guarantee Fund not only the full and exclusive right to manage a banking institution, but also the right to dispose of them. Due to this, the Fund sold, and the Ministry of Finance of Ukraine acquired one hundred percent of the shares of «Privatbank». The conclusion of this agreement was preceded by recognition of the bank as insolvent, consideration of the issue of threats to national security at a meeting of the National Security and Defense Council of Ukraine, and a meeting of the Cabinet of Ministers of Ukraine about accepting the National Bank’s proposal to buy out a banking institution. Given this, it is worth noting that the nationalization of «Privatbank» began with the introduction of a temporary administration, and it ended with the state registration of ownership rights to the company's shares. Nationalization is a violation of the right to peaceful possession of property and the right to respect for private and family life because the right to engage in commercial activity is in the private sphere, business premises are, according to the practice of the European Court of Human Rights, in the category «home» And the shares of the company belong to the category of«property», taking into account Article 1 of the Protocol to the Convention on the Protection of Human Rights and Fundamental Freedoms. These rights are not absolute, thus there is the question of determining the legitimacy and proportionality of governmental intervention in their implementation. Affiliation of «Privatbank» to systemically important may indirectly indicate the presence of public interest in interfering with the rights of bank owners for prevention a financial crisis. Also, the consideration of this issue at a meeting of the Council of National Security and Defense of Ukraine is intended to aggravate the significance of the problem. The public cannot provide these events with a proper assessment due to the secrecy of all relevant information: the National Bank of Ukraine and the National Security and Defense Council of Ukraine refused to provide any information.

Meaning of Registration and Legal Aknowledgement of Ownership in Forests during the Japanese Colonial Period

Meaning of Registration and Legal Aknowledgement of Ownership in Forests during the Japanese Colonial Period

First-Time Registration of Ownership of Land Obtained Through Sale and Purchase under the Hand Whose Proof of Ownership Is Lost

In practice, people who experience loss of proof of ownership rights over land where in the land title application must provide evidence of information about the land which includes data on physical and physical data. As stipulated in Law No. 5/1960 concerning Regulation on Basic Agrarian Principles article 19 that To ensure legal certainty by the Government registration of land throughout the territory of the Republic of Indonesia according to the provisions regulated by Government Regulations, registration includes one of giving letters - proof of rights, which applies as a strong evidence tool. The problem in this study is how is the validity of buying and selling rights to land carried out under the hands? and how is the registration process the first application for ownership of land to land whose proof of ownership is lost? The purpose of this study was to determine the validity of the sale and purchase of land rights carried out under the hand, and to find out the process of registering the transfer of land rights at the Bima City Land Office whose proof of ownership was lost. This research has benefits both academically and practically. The research used in this study is Empirical Law research and the approach in this study is the Legislative, Conceptual, and Sociological approaches. The process of buying and selling land under the hands carried out before the Head of Village / Lurah and witnesses is valid because the buying and selling conditions have been fulfilled according to Law Number 5 Year 1960 concerning Agrarian Principal Regulations. The first application for land registration in Bima City whose proof of ownership is lost in practice can still be registered.

The Registration of Land Ownership Transfer Due to Inheritance for Foreigners in West Sumatera

The transfer of land ownership as an inheritance is a legal process causing land ownership transfer from the testator to his heirs. To achieve legal certainty in every transfer of land ownership because of inheritance, land ownership transfer should be registered at National Land Agency. Based on Indonesia laws, it is forbidden for foreigners to own land since only Indonesian citizens can have full land ownership rights. The aim of this research is to find out the legal protection and certainty related to the registration of land ownership transfer due to inheritance for foreign heirs in West Sumatra and also the control of the National Land Agency on the length of land ownership rights of foreign heirs which is estimated to only one year. The theories used are legal protection theory by Philipus Hadjon and legal certainty theory by Utrecht. In conducting this study, the method used is qualitative descriptive with normative law study approach. The primary data involved in this study is composed of interviews with staff from several offices of the West Sumatran National Land Agency and notarists. While secondary data consists of legal literature. This study focuses on identifying, determining, and analyzing the inheritance rights, the regulations of land ownership registration, and the control of the National Land Agency on land ownership for foreign heirs. The results show that: 1) the different of nationality between the testator and the foreign heirs does not prevent them from inheriting land ownership rights; 2) foreign heirs are only entitled to have land rights for a period of one year after which the land ownership rights must be transferred to Indonesians; 3) the control of the National Land Agency on foreign heirs’ land ownership rights is only related to the formal condition of the land ownership transfer as the inheritance.

ФІНАНСОВЕ ЗАБЕЗПЕЧЕННЯ АГРАРНОГО СЕКТОРА У КОНТЕКСТІ ПРОСТОРОВОГО РОЗВИТКУ ЕКОНОМІКИмм

The questions that determine the theoretical and empirical aspects of the scientific study of financial support for the agricultural sector have been raised. The necessity to modernize the system of financial security in the conditions of spatial development of the economy has been stated and the vitality of systematic reform of state regulation of the national financial market has been argued. It has been revealed that the regulation of the rights for individuals and legal entites to acquire land for private ownership, registration of land ownership and land use should be revised and filled with new context. The methodology of the study is based on the dialectical, systemic and institutional approach according to which the agricultural sector and the sufficiency of financial support are considered inseparable and causation. The basic theoretical and methodological approaches to justification and clarifying of the essence of financial security in ensuring the spatial development of the economy have been systematized; modern approaches to the financial market’s state regulation have been disclosed in order to prevent price manipulation and speculative transactions with securities and other financial instruments; institutional foundations are defined and modern trends of development of the corporate sector are characterized in the conditions of expansion of dispositiveness and digitalization of the companies. The outlined principles of ensuring internal financial stability assessment procedures will facilitate the entry of agricultural enterprises into the financial market in order to attract or allocate free capital. The development of a financial security system requires improving the productivity of the banking system, the introduction of FinTech, the development of payment infrastructure in accordance with the EU PSDII Directive, the implementation of ISO standards and the guarantee of cybersecurity for market participants. The improvment of the quality of financial services provided by financial institutions through the use of a neural network capable of modeling the ability of human thinking to solve recognition problems with specific precedents are important priorities for the modernization of the agricultural sector's financial security.

The Effect of Land Acquisition Policy on Market Trends in Hungary

Abstract The aim of the present paper is to provide a comprehensive overview of the major regulations related to the acquisition and ownership of agricultural and forestry lands in Hungary and the effect of these regulations on the trends and changes in trade and ownership structure. The four pivotal points regarding policy–making have been the following: (1) maintaining national ownership of agricultural lands, (2) preventing the registration of ownership when the aim of the transaction is speculation, (3) maintaining the limitation and strict regulations on the possibilities for new acquisitions by corporately owned farms, (4) supporting the acquisition and usage of agricultural lands by privately and family owned farms. In order to achieve these aims, the government of Hungary decided upon a framework for agricultural land acquisition and ownership that integrates a number of rules and limitations already applied by land administration authorities in other EU member countries. However, their systematic and cumulative use raises major questions in the application of the relevant laws in real–life situations; in addition, there are serious concerns about their compatibility with EU principles on legislation and jurisdiction(1). This paper summarises typical situations to illustrate the controversies of the regulations related to agricultural land acquisition and use in Hungary.

사해행위취소소송 결과 원상회복된 채무자의 부동산소유권과 취소채권자의 소유권이전등기말소청구에 대한 고찰 : 대법원 2017. 3. 9. 선고 2015다217980 판결에 대한 평석

대상판결(대법원 2017. 3. 9. 2015다217980)은 사해행위취소소송 결과 원상회복된 채무자 명의의 부동산에 관한 사안이다. 대상판결은 원상회복된 채무자의 소유권은 부정하고, 원고에게 채무자로부터 소유권을 취득한 피고를 상대로 한 소유권이전등기말소청구권을 인정한다. 대상판결은 사해행위취소소송 결과 원상회복된 채무자 명의의 부동산을 취소채권자에 의한 강제집행절차에서는 완전한 소유권으로 취급하지만, 그 외에는 소유권자로 취급되지 않는 새로운 소유권을 창출한 것이다. 또한 채권자 지위에 불과한 취소채권자에게 방해배제청구권을 인정하여, 물권에 한정하여 방해배제청구권을 인정하여 온 기존 태도를 완전히 벗어났다. 민법의 물권법정주의 규정에도 불구하고 대법원은 사실상 소유권, 담보지상권, 분묘기지권, 관습상 법정지상권 등 새로운 물권을 창출하여 왔다. 이러한 기존 대법원의 태도의 연장선에서 대상판결은 충분히 이해될 수 있다. 물권법정주의에 대한 편협한 해석론에서 이제는 벗어 나야 한다. 물권법정주의는 법원리가 아니다. 민법개정을 통해 아예 삭제하여야 할 것이다. 채권과 물권의 구분은 법도그마틱이 아니라 민법전 편찬 방식에 불과한 것이다. 채권에 기한 방해배제청구권은 얼마든지 인정될 수 있다. 이 점에서 대상판결의 결론을 타당하다. 제3자의 보호와 관련하여 전득자명의의 소유권이전등기의 말소를 구하는 사해행위취소송의 경우 취소채권자는 반드시 채무자와 수익자 모두를 피고로 하는 필수적 공동소송 형태로 소를 제기하도록 하는 판례법의 확립시킬 필요가 있다. 그렇게 할 경우 채무자를 상대로 한 처분금지가처분 인용에 어려움이 없게 되고, 가처분등기에 의해 제3자의 피해를 사전에 막을 수 있을 것이다.