부동산 거래사고와 권리보험 역할에 관한 연구

부동산 거래사고와 거래 안전을 위한 권리보험의 역할을 연구했다.

In our country, there have been a lot of accidents in the course of trading real estate which has very important value to every household and the nation. Once authority of registration in transferring ownership is not recognized and flaws in trading real estate and flaws of unidentified ownership occur, full or partial ownership to real estate can be divested or restriction of using rights can occurs. But in trading real estate regulations for acquiring effective rights of naive traders and compensation still lack.

Therefore, this study is aimed to examine causes and types of trading accidents through understanding the necessity of real estate title insurance as a tool of reducing risks in the unstable real estate trading market, identify problems of title insurance by analyzing the managerial condition of title insurance business in Korea and find out roles of real estate title insurance as a regulation for securing stability between real estate trade and ownership by studying and analyzing the level of consumers' awareness of title insurance in the insurance market. The methods of this study include studying relevant literatures and conducting a survey.

The range of this study is from insurance consumers associated with title insurance to title insurance companies as a supplier of insurance. Problems shown in the results of the survey concerning accidents in trading real estate are as follows. 1) Accidents in trading real estate occur in accordance with institutional, individual and social factors.

(1) The lack of authority of registration in transferring ownership (2) Superficial screening, diversity and informational inconsistencies (3) Trading accidents due to the lack of individual knowledge on real estate and the lack of right-studying activities (4) Loss of register books and occurrence of missing due to the disruption of social structure and the lack of forming security system. 2) There is no relevant law of right analysis in Korea.

The limitation of paper inspection caused by the lack of official authority for right analysis and the lack of standards of real estate right analysis reveals the needs of systemizing right studying resources and enacting a right analyzing business law. 3) The tax waste caused by the government's guarantee of housing mortgage loan. Mortgage loan is being activated to supply stable housing fund for low income people. But the amount of the loan for 20-year installment is over 1 trillion which must lead to financial disruption. 4) The revenues of estate title insurance companies are low.

According to business accomplishments of local real estate title insurance companies, while the total business accomplishments of insurance companies mixed with those of insurance against loss, in fact business accomplishments of local real estate title insurance companies are in the red. Rethinking of business efficiency and specialized system are needed to revolutionize the operation of real estate title insurance companies. 5) Consumers' awareness of title insurance is very low. In a survey concerning consumers' awareness of title insurance, people answering No or Totally no account for 57.2% which revealed that consumers' awareness of title insurance is very low.

In order for title insurance to play right roles, the necessity of strengthening the publicity activities on title insurance and detailed service of title insurance goods have to be strengthened. Ways to improve problems mentioned above are as follows. 1) The improvement of right-related regulations Authority of registration in transferring ownership should be approved and real estate registers must be trusted in trading real estate. Right-related regulations must be improved to prepare for the opening of real estate markets.

2) Enacting regulations for right analysis It takes a lot of time and cost to analyze rights and there are many restrictions to the level of knowledge and operational procedures to be needed for right analysis, To improve such restrictions and weaknesses laws for right analysis business should be enacted. 3) Making real estate title insurance mandatory The ministry of housing fund should make it mandatory to buy real title insurance and mortgage guarantee insurance to reduce wasting money caused by weakening bonds used to guarantee housing mortgage loan.

4) The specialization of title insurance companies In order for title insurance to play a role, special affiliated title insurance companies are needed considering the title insurance characteristic different from insurance against loss. 5) Raising consumers' awareness of title insurance In our country consumers' awareness of title insurance is very low. A lot of research and development by title insurance companies and the academic world should be made and the government's strengthening the publicity activities on title insurance is also needed.

6) Systemization of track record of right relation to study right relation for real estate In studying right relation for real estates, systemization of controlling track record of right relation to study right relation for real estate for accurate track record of the object, right allowance to ownership and relationship of it and flaws affecting real estate right to it.