토지거래규제에 관한 연구

토지거래허가와 신고·중개 등 토지거래 규제제도를 연구했다.

The control system of land transaction is composed of direct and indirect control methods. The direct control method includes the land transaction permission and the farming land bargain verification. The indirect control method includes many kinds of land taxation, the real estate broking system, the seal impression verification system, the authorized contract deed and the computerization of land registration.

The system of land transaction permission and report should consider the problems such as correcting the irrationalities of desiginating requirements and inspecting standards, imperfectness of managemental system, strengthening of collectional function of transactional information and protection of private rights. The system of transactional verification should be followed an establishment of efficacy gaining device and an arrangement of other regulations required in carrying the system out, and the function of speculation control should be strengthened.

As for land taxation, the land price of public announcement should be closed to the degree about 70% more of real transaction land price, so the taxes of acquisition, registration and transfer should be strengthened, and the composite land tax should be strengthened more.

As for the real estate broking system, it should be unificated as realtors' system, and the realtors' responsibility and authority should be increased through the ways such as enforcelization of realtor's stamping a seal on the authorized contract deed, one of inevitable document in applying for registration, strengthening the penal reglations on unlicensed realtors and supervising the unlawful business places by actualization of the rate of broking commission. At the same time, these measures would help realtors with recovering their social public belief.

The regulation that every registration should be finished inevitably has to be established, and all the information of real estate should be registrated by computery system so as to get them rationally.