不動產登記機關就法定優先購買權之審查

The Registry’s Examination of Statutory Rights of First Refusal of Real Estate

當事人申請不動產移轉登記時，系爭不動產上如有法定優先購買權（以下簡稱先買權）之人，登記機關應如何審查，以及登記機關如違反審查義務，先買權人得如何救濟，牽涉出賣人的義務與責任、買受人得否取得系爭不動產且不被塗銷、各種具債權效力或物權效力之先買權規範意旨的實現及先買權人的合理保障、登記機關的審查權限及審查能力、登記作業的效率與交易的敏活，是法律與地政領域理論與實務上的重要問題。

When the parties apply for the registration of transfer of the real estate, the registry’s examination of statutory rights of first refusal is an important issue. However, there are few articles explore it. Part Ⅱ of this study explores the registry’s authority and capability of examination as the foundation of this study. Part Ⅲ discusses the issues concerning registry’s examination of rights of first refusal in explanation. Part Ⅳ deliberates the difference between Paragraph Ⅰ and Paragraph Ⅱ of Article 97 of the Regulation of Land Registration. This study discusses relative doctrine and practice and makes some propositions in order to achieve the purposes of rights of first refusal properly and to consider the authority and capability of examination of the registry, the efficiency of registration, the activity of transaction, and the interests of the person who has a right of first refusal, the vendor and the third party. In this study, it is suggested that the registry is not required to notify a person of a right of first refusal, but it may give any related person a notification, requiring that he appear to give his opinions. It is not proper that the first paragraph of Article 97 of the Regulation of Land Registration does not require a proof.