토지거래허가제도의 실효성에 관한 고찰

토지거래허가제도의 실효성을 고찰했다.

The real estate policy of Korea has been great many changes according to a government. When we divide the period of restriction and relaxation, the 1960's economic development period, 70's the construction boom of the Middle East and held the Seoul Olympic Games in the late 80's, were the period of restriction about the real estate speculation. When the government of people brought into action the restriction's relaxation policys for recovery of a nation economy, the real estate price jumped over the moon.

Because of many real estate policys were brought into action for land prices stabilization and speculation's restraint during this period, the government of people was the peorid of restriction. But many kinds of development plans(The 5-year plan balanced national plan, Multifunctional Adminstrative City construction, The 10's regional innovation citys, the 4's enterprise citys, and the secondary the national capital region newtowns development plan, etc) have brought about increasing of transactions and prices. And therefore, the government of people announced the many real estate precautions, and especially strengthened the land transaction permission system.

The law about the plan and use of the land 118 cause says "The person who will transact a land in the restricted region should obtain the permission from the public, if the person does not have the permission, he can not transact a land." By the way, this system is not reasonable. because most people transact a land without the permission. So the Supreme Court in Korea adopted the theory of uncertain invalidity. Thereupon, investigating in the study, the land transaction permission system of beforehand restrictions of the land transaction encroach on the liberty of the individual contracts and privite property system, or not. And also about this system's constitutionality.

Although this system is the constitutionality, its doubtful whether it is the practical effection or not. The original purpose of the land transaction permission system is, for the effective use of national land, the restraint of speculative demand and the stabiliation of land prices. But the real situation is different from this. On the contrary, before and after assignment of land transaction permission region, the transactions increased and prices rised. So this system is being starved the cautious adoption and sufficient complement in order to achievement of 100%'s practical effection.

In connection with the system operation, trade activity by trade condiction's relaxation, price examination by announced land price, restriction by possession period, the land price should be stabilized through these methods. It is being starved the complementary operation with other speculation restraint systems for increasing the efficiency.