土地信託制度의 活性化 方案에 관한 硏究

토지신탁제도의 활성화를 위한 방안을 연구했다.

Since land is a ground of human life and a basis of production activities, it can be said that land is the most important part of individual right of property. Human's interest on land has grown along with the changes of history. And the necessity of continuous study on a resonable land development system is very demanded for the country like ours because of its high population and a small territory. Today, as the urbanization and the industralization is taking the place, conflicts among different income classes on a limited land, and the problem of using territory are coming to the fore as an important political task. Since 1960, Korea has been making a continuous economical development.

NOW it's facing serious problems throughout its society and economy such as a land owner's windfall income, preponderance of wealth, and speculative spirit of preferring the actual object due to a sudden rise of land and housing price. For this reason, the government came to execute the Land Trust System--which allows a trusting company to utilize unused land--in the second half of 1990 as an efficient device of land use to stabilize the housing price, and to operate the Public Ownership of Land System actively.

As a result, the government established two companies in May 1991 and carried out controlling, managing, and trusting matters of estate This led, later, the government to enforce the Land Development Trust--it's called a flower of the Land Trust--on November 11, 1992. The Land Trust System is the method of not only preventing unused land to be the subject of speculation or capital gain from land owners, but of using it positively by separating its possession and use.

In another words, the system is based on the trust and land development between a truster, who set the trust, and a trustee, who accepts the trust, and means to promote reconsideration of land utilization and land security through an active management. A land owner's participation in development is the characteristic of this system. Therefore it is clear that the Land Trust System stimulates a joint development between the land owners and the trusting companies, But, in this report, Ibetween th presented some problems of the system by examining the benefits of both individual and public and public..

I also compared our system with the already succeeded systems of other developed countries, and drew up a plan that is suitable to our nation. To epitomize this report, part 2 dealt with an outline, structure, a process, and both merits and demerits of the Land Trust System by considering its theory. The efficiency of the system, that a land owner can develop the site and earn a profit from it without a burden of funds; and for the trusting companies, they can acquire land without a burden of the land purchasing price was dealt here. In addition, the part 2 showed the compare and contradiction between our system and the advanced nation's, such as Japan and U.

S' s, along with the system's possibilities of being promoted due to its characteristic that it let the both parties to earn some portion of profit. In part 3, I studied operation and a condition of the present Land Trust System. Part 4 examined problems of the current system as well as an actvating device of the system, and the report ends with its conclusion in part 5. In conclusion, the Land Trust System possesses many problems such as people's excessive desire to hold on to the land, insufficiency of the system law, a low business returning rate, a difficulty of supplying, development funds, deficiency of ability of carry out a business, and people's lack of understanding.

Hence, to activate this system and solve the above problems replenishment of the system law and establishment of a special law, an effective method to supply the enough funds and labors, regaining a business returning rate, systemizing of estate stock, formation of people's reliance on the system, and an effective advertizement toward general people and allied industries must be performed deliberately.