부동산 거래안전을 위한 제도 정비방향

부동산 거래 안전을 위한 규제·등기 제도의 정비방향을 연구했다.

The system of Real Estate transaction divided between transaction regulation and prevention against the accidents of it`s. The former be contained Land Transaction Permission, Qualification Certificate for Acquisition of Farmland, Restriction of reselling Housing in Overheated Speculation District, the Registration of Real Estate under actual Titleholder`s Name, Duty to Apply for Registration of Transfer of Property, Report on Transaction of Real Estate, Transfer Income Tax in Designated Area, Report on Housing Transaction, etc..

Also, the latter be contained Land Pre-emption related to Land Transaction Permission, Land Banking, Real Estate Broker`s liability for damages, Escrow, Title Insurance, etc.. Nowadays our land and hosing market is stablizing along with low growth in economy. This study centers around to review the system of Real Estate transaction in accordance with the changing times and circumstances. This study has four parts including the introduction and conclusion.

The second part describes contents of Land Pre-emption related to Land Transaction Permission, Land Banking, Real Estate Broker`s liability for damages under the individual laws in public sector of Real Estate transaction, and then point out problems of its. The third part describes contents of Escrow and Title Insurance under the individual laws in private sector of Real Estate transaction, and then point out problems of its. The fourth part proposes for efficiency of the land transaction regulation system and improvement of its as follows. 1) There is a need to modify the related laws and revise the provisions of Land Pre-emption and Land Banking in Korea.

2) There is a need to integrate Escrow and Title Insurance into Real Estate Broker`s liability for damages. It is the function of these to shift or transfer to a responsible insure risks such as those mentioned in the preceding section. 3) There is a need to refine the system of regulation and prevention against accident of the Real Estate Transaction as a long-term alternative.