土地信託制度의 活性化 방안

토지신탁제도의 활성화 방안을 연구했다.

In mordern society, land problem is embossed serious societal and economic problem step by step. Specially Korea has a limited territory and high population density, on this account we should study rational land improvement. Hence this treatise, for the efficient utilization of land and the stabilization of housing price, has a purpose that fix and moreover activate land trust system is fixing and active in advanced countries.

The merit of land trust system is that first a land owner can improve the land and profit without a charge of improvement price and utilize that usefully without special management technic and knowhow, and that in case a trustee improves land by the trust, a trustee can undergo immorable property business without a charge of land purchase price and get a trust pay for management. And country can promote the utilization of land is not utilized and make low the charge of finances by using private funds.

The other side, the land trust improvemnet system has a lot of problem that is land possession greed of people, absence of land trust legal system, an earning rate, insufficiency of supply of improvement funds and business ability of trust company. In result land trust does not reach the outcome that was supposed at start. But for analysis to the present propulsion conditions we can know that the land trust has a possibility by the way of using unused land and private land improvemental method helps national improvement. Like this, if we use the land trust well we can solve the domestic land problem. Then how do we activate the land trust?

First of all, the condition that land owners cna trsut their land by themselves should be constituted. For this, first we can't suppose benefit by the raising of land price because of land market is stabilized. Second, social recognition for the right of land ounership and utilization should be changed. Third, we shoud secure balance of tax system and fill up the disadvantage of land taxes in improved by land trust. Next, the condition that trust company can do their job actively should be constituted. For that first we should prepare the general rules that is applied in trust market. Second, we should prepare an organization for active provision.

Third the limit of land trust business should be relieved and lease market should be activated. Like this, if landowners would improve their land by the trust and the condition land trust company can do their job is constitutes. business ability of trust company decides the activation of land trust. The competitive power of trust company is secured through free competition. Thus we shoud make freedom of enterence to the land trust market. But moderate freedom is right when we will make allowances for a specific character of land. And land trust would be activated more and more by variety of land trust type and form and by magnification of business scale.

If trust company would be given a special permission and cooperation system would be constituted among the trust company in free competition we cna cope with unlimited competition that will approach soon. In the mean time, the government can participate the land trust market by an intervener and land trust of civilian. After all, we should study land trust system more and more in order to solve the land problem that has been and activate new land utilization.