| Summary: | 碩士 === 國立雲林科技大學 === 科技法律研究所 === 103 === Real estate ownership is acquired, set up, changed, and lost according to laws and is not effectuated unless formally registered. Because land registrations openly disclose fundamental real estate information, they are credible and open to the public for examination. The content of land registrations must be legitimate and accurate to ensure people’s property rights and the security of any related transactions. When damages occur because of land-registration-related errors, omissions, or falsehoods, unless for reasons attributable to the victims, land administration agencies should be responsible for compensating damages incurred, thus protecting the credibility of land registrations, the rights of owners, and the security of related transactions. Hence, this study first identified the differences between land registrations and land notes registration before subsequently analyzing them. Through the application of various theories, we derived and compared the characteristics of land registrations and land notes, in addition to examining the differences in the administrative remedy procedures based on the characteristics of the registrations and notes. Ultimately, it was ascertained that the victim should not bear the consequences; rather, the land administration functionary should be responsible for the misconducts of erroneous recording, omission, and forgery. Because the functionary of the land administration office was employed by the compensating authority of the state, this study investigated whether the compensating authority is mandated to exercise its right to reimbursement from the claims occasioned by the intentional or gross negligence of the registration functionary. Moreover, a case study was conducted to thoroughly understand the administrative remedy in land registration. The study can facilitate lowering the threshold of administrative remedy to prevent the plaintiff from objecting to the subsequent administrative actions or sanctions; in addition, the results can aid people in overcoming the fear of making claims related to administrative remedy, and thus, peoples’ rights can be protected. Making claims against public functionaries may reduce the willingness of registration functionaries to accept job responsibility, influencing their administrative efficiency; therefore, this paper proposes recommendations to resolve this problem.
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