외국인의 인도 부동산 매매절차에 관한 연구

인도에서 외국인이 부동산을 매매하는 절차를 연구했다.

“Finally, it's India!” Of the now government's policies, maybe real estate policies will be the most controversial and kaleidoscopic. The main point of many of real estate measures is as follows: our government restricts the gaining, holding and selling of real estate. And then our government will block up or have redemption of the excessive unearned income at the source. Of this lean-to-one-side policy of real estate restrict. there is something different: Our government has eased restrict gradually regarding ‘foreign' real estate. So far many of open market funds were restricted because they could not find investments.

However, now they are interested in or already invest foreign real estate in direct or indirect way. This trend is to get broader step by step from now on. If so, we get to have a problem: which country should we invest? Investment in real estate means investment in future value. So if we want to find foreign country which have high future value, we can think first ‘BRICs’, because BRICs are considered as the future economic giants. Of BRICs, India is both the world's consumption market and production base. Most of the World State regard India as the prior foreign country for investment.

That reason is as follows: the high growth rate which continues recently, the possibility of the second China, IT industries which have a worldwide competition and Active open to democracy system, etc. Although India is growing and changing fast itself, in-depth study and information on the India economy are very insufficient. Especially, that is the reality there is hardly a information on the real estate market in India. However, now we have a good chance to invest in India, because India is growing to the world's best country for investment. Also because we Korean are able to get foreign real estate gradually.

But with the investor's view, it is the reality that study and information on real estate in India are less than USA or Southeast Asian market. So our chances to invest are cut off much. Therefore, I started to study India with a point of view of the real estate market. First, on Chapter 2, I inquired rough economy and general matters in India. Then I analyzed the investment environment in India. Also I grasped the trend of foreigner's investment, and looked into the concrete cases. And on Chapter 3, I compared the possibility of investment and demand and supply, looking into the present rent condition of real estate market in India.

Then I compared the investment environment in India with China, which is India's role model of development and competitor. I grasped the recent status of India's real estate market. Then I finished Chapter 3, searching with which law we are in conflict if we get real estate in India, which have value to invest. On Chapter 4, I had a concrete investigation of procedure: by which procedure real estate in India are sold and bought? Also I examined the regulations of foreign exchange deal, which are related to get foreign real estate.

Also I compared with the procedure of sale and purchase in Korea, to which we are used, so I helped the understanding of the procedure of sale and purchase in India. And I presented the problems and the improvement methods of getting real estate in India to reduce the risk of investment. On Chapter 5, I mentioned the merits of real estate in India in conclusion. And I described what Korea should do, keeping pace with the sudden change of the related policy of India's real estate. To study the above mentioned form, I investigated through the documents study and the actual visit. As a result, I found that informal methods are precedent.

To overcome the above point, above all, we should the related laws, of course. However, it is very important for us to know the people in India. That depends on the rise and fall of business in India. As we know above, India is the future giant which will lead the world's economy, and also is a big country. However, there are hardly the related sources and documents regarding India's real estate in Korea. That is the reality.

I think that the recent government policies, which are in the process of easing the regulations of purchasing foreign real estate, are not only up to the easing of regulations, but also are to investigate real estate in foreign countries to some extent, to prevent the outflow of the valuable national wealth. Judgment and decision on investment depend on companies or investors concerned. So they are responsible for their investment. However, on the side of expansion of sound Korean national funds, stability, foreign exchange, and financial management, it is important for the role to reduce the percentage of failure regarding funds to abroad. That is what I think.

It's a great pity that I didn't get data accumulation and joint ownership of information through diplomatic offices in the foreign country such as KOTRA and connected seminars between universities. I think there is urgent situation in data accumulation of concrete reports regarding real estate from government-founded institutes such as KOTRA and Korea Institute for International Economic Policy hereafter. Here we should accumulate datum continually through the exchange with many of academic societies and undergraduate(graduated) schools. This is the first thesis focused on real estate in India. So I feel much insufficiency and difficulty.

However, I've made out this thesis as if I laid a cornerstone in the enormous sea of BRICs. I hope that this thesis will be a touchstone and help younger students or investors in India's real estate. "결국은 인도(INDIA)다" 참여정부가 펼친 정책 중에서 가장 말도 많고 변화도 많았던 정책은 아마도 부동산정책일 것이다. 많은 부동산관련 대책들의 요점은 부동산을 취득하고, 보유하고, 매각하는 행위에 대해 제약을 가함으로써 부동산을 이용한 과도한 불로소득을 원천적으로 봉쇄 또는 환수하고자 하는 것이다. 이러한 부동산 규제정책의 일변도에서 색다른 점은, 같은 부동산이지만 해외부동산에 대한 취득에 대해서는 점진적으로 계속 규제를 완화해 나가고 있다는 것이다. 그로인해 투자처를 찾지 못해서 묶여 있던 많은 市中資金이 해외부동산에 눈을 돌리거나, 직· 간접투자를 하고 있고, 이러한 추세는 향후 점차 더욱 확대 될 것이다. 그렇다면 어느 나라에 투자를 해야 하는가의 문제가 생긴다. 부동