• Title/Summary/Keyword: Real Estate Law

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A Study of Real Estate Price Change from Real Estate Policy. - An Apartment Price Center - (부동산 정책으로 인한 부동산 가격 변동에 관한 연구 - 아파트 가격 중심으로-)

  • Kim, Young-Sun
    • Management & Information Systems Review
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    • v.20
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    • pp.17-32
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    • 2007
  • We try to study the plan to deliver the message of the hope and common peoples are diligent and we can buy the real estate in work if we make efforts hard that relieve an real estate price and analyze a timex situation. If prepared the countermeasure in the government with many real estate policy with due to a short though countermeasure which is seen at one's face. The error to the people of the policy which does not do the staring gaze to tie. This paper to pursue the stability of an real estate price and analyze the price according to an real estate policy and lead an real estate policy for a residing stability of the common people. There are we even though we grope the method to actualize and protect a lease security according to a house lease law of protection.

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A Study on Improvement of Legal System for Construction of Very Large Floating Structure (부유식 초대형 해상구조물의 건설을 위한 법제도 개선에 관한 연구)

  • 이한석;송화철
    • Journal of Korean Port Research
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    • v.13 no.2
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    • pp.365-380
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    • 1999
  • In this thesis the legal systems related to real estate and sea area utilization are studied in order to improve them for construction of Very Large Floating Structure. Main research subjects are as follows: 1) Whether can Very Large Floating Structure be accepted or not as real estate like house and land\ulcorner 2) How can the sea area which is occupied by Very Large Floating Structure be utilized\ulcorner As the conclusion, the Very Large Floating Structure can be registered as real estate even though it is not specified by Korean law for the present. The design concept of Very Large Floating Structure can be interpreted as satisfying enough necessary conditions and factors for Very Large Floating Structure to become real estate. In the near future, we have to make improvement on the laws related with the construction of Very Large Floating Structures so that private sectors can joint the construction. In additions, a new law for various floating structures should be made as soon as possible.

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A Study on the Improvement of the Lien System in Real Estate Auction - Focused on the Procedural Law - (부동산경매에서 유치권 제도 개선에 관한 연구 - 절차법을 중심으로 -)

  • Hwang, Hee-Sang;Park, Chang-Soo
    • The Journal of the Korea institute of electronic communication sciences
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    • v.6 no.5
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    • pp.757-763
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    • 2011
  • This study was intended to identify the problem of the lien in relation to the real estate auction and present its improvements in terms of procedural laws. To resolve the problem of the lien in the real estate auction, it is valid that the Vollstreckungsgericht needs to set the certain standard in relation to the possession of real estate and notify it at the first date of sale by judging whether the lien can be established. And the institutional improvement is required to obligate one to report the lien in the procedures of the real estate auction and reinforce the survey of the present condition of the lien. And it is necessary to impose the more public confidence on the statement of sale by including the matter of the lien in it. In addition, it is necessary to reinforce legal punishment to the false and fictitious lienholder and establish the legal stability of the lien in the process of the real estate auction.

Problem and Improvement of the Computerization Practice Real - estate Registration

  • Youn, Sung-Ho;Kim, Moon-sung
    • Journal of the Korea Society of Computer and Information
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    • v.21 no.1
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    • pp.161-168
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    • 2016
  • It has become the information medium that mediate between individuals of marketing with the new information media that use of the Internet in accordance with the progress of the IT industry- real estate marketing, real estate leasing, real estate auctions, etc. The real estate registration services should be disclosed to outside that include a schedule details the public book-register and problems caused by it should be reasonably resolved by handling a large amount of real estate registration work quickly, accurately handling to utilize Information Technology(IT) through the information system construction as the feature to process the information of register entries. Computerization of real estate registration will raise the efficiency of the registration as well as people can see the information related to real estate on the basis of published content without limitation the time and place and will pursue the ideal and reliability of the registration -web accessibility improving of the Internet Registry and permanent storage of preserving documents by electronic means. It is very large that impact on the real estate transaction if the accuracy of legal registration choosing formalism in the processing of real estate registration business through the Internet than written application is highly probable to occur incorrect registration. Also, It is necessary to manage it effectively -if you do not quickly and exactly respond to it, there is problems such as delays or poor registration service because real estate business activated and real estate registration services also increased sharply. In this paper, we will identify the problems of the real estate registration work and suggest improvements about it.

A Study on Problems and Improvement of Government's Real Estate Policy (정부의 부동산 정책 문제점과 개선방안)

  • Kim, Taek
    • The Journal of the Convergence on Culture Technology
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    • v.7 no.1
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    • pp.256-263
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    • 2021
  • This paper studies the problems and improvements of government real estate policies. Moon Jae-in government shifted toward regulation and pledge to curb the tax imposed by speculators. It strengthened regulations on reconstruction and bank loans rather than supply, and raised capital gains taxes. As the government implemented measures, emphasizing political logic rather than the economy, the market is unstable and the economy is in a recession. Land has increased the vicious cycle of problems due to population growth, industrialization, urbanization, and wealth growth. Mis-established land policies not only accelerate land prices, but also accelerate the use of disordered land and lead to disruptions in the trading order. In addition, real estate is so difficult to recover from the land problem that it is difficult to contain water that has been spilled once. This is called the irreversible nature of land. Once the land price rises, it is difficult to regain control and reckless development leads to the destruction of the ecosystem, making it difficult to return. This is why such a complex real estate issue should not be implemented as if it were a punishment in a short period of time with government policies. This paper aims to examine the problems of real estate policies and to examine ways to improve them.

Study on Modernized Real Estate Transaction System based on Spatial Information (공간정보기반 부동산거래선진화시스템 구축방안)

  • Cho, Chun Man;Chung, Moon Sub
    • Spatial Information Research
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    • v.21 no.6
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    • pp.69-80
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    • 2013
  • Our country has made every efforts to develop Real Estate Transaction culture with emphasis on Licensed Realtors by introducing Real Estate Transaction Law in 1983. Also, MOLIT(Ministry of Land, Infrastructure and Transport) designated several organizations including KAR(Korea Association of Realtors) as Real Estate Transaction Information Network Licensees for data credibility enhancement and transaction transparency. Nevertheless, the level of law abiding spirit and transaction culture are still similar to those of the old 'Bokdeokbang' era. The under-developed transaction behaviors prevent the social capital of people's credibility on Licensed Realtors from advancing, and results in the outcomes of unnecessary social cost. That is, very low credibility on the data on Sales Items in the market and the fear of speculative real estate price uprise and market distortions are continuing on. In this context, the purpose of this study is to propose the model of GIS-based Modernized Real Estate Transaction System and its execution policies to support credible Real Estate Information to the general public for efficient transactions in the market. Accordingly, the study aims at contributing to the modernization of Real Estate Transactions, fostering competitiveness of Realtors in the Real Estate Market.

Effects of Exclusive Agency Listing and Real Estate Information Network System on Real Estate Broker' Trust and Customer' Satisfactions (전속중개계약과 부동산거래정보망제도가 중개업자 신뢰성과 고객만족에 미치는 영향 분석)

  • Choi, Bong-hyun;Moon, Young-kee
    • Journal of Distribution Science
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    • v.4 no.2
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    • pp.123-144
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    • 2006
  • For the property right's protection of the nation, the uncertainty's dissolution and the reliability's security of real estate trade are very important. With the life style's change, the market of real estate becomes diversification, and the level of the real estate trade becomes diversification. But compared with this, the trade system of the real estate has not broken away from the mode in the past yet. To cope with it actively, it needs to review the real estate trade form. Especially, it needs to investigate a plan that can advance the Agency Listing method. The Exclusive Agency Listing and the real estate Information Network System have been the usual system in some advanced countries like America, Japan. It is the system that establishes the real estate brokerage's trade order and encourages the execution for the real estate client's property right's protection and benefit offer. In our country, The Exclusive Agency Listing and the real estate Information Network System were created in the revised real estate brokerage law in 12, 1993. But because of varies of questions, it can not be settled down. So this paper will develop the characteristic factors of the Exclusive Agency Listing and the real estate Information Network System revitalization and examine the mutual relation depends on the factors. And these factors were studied through the proved analysis to the effecting made on the Agency function's consideration and real estate broker' trust and customer satisfaction. So depends on these, the existed value now will present the revitalization plan and political implication about the Exclusive Agency Listing and the real estate Information Network System.

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A Study on Real Estate Title Trust (부동산 명의신탁에 관한 연구)

  • Park, Jong-Ryeol
    • Proceedings of the Korean Society of Computer Information Conference
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    • 2021.07a
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    • pp.417-419
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    • 2021
  • 명의신탁이란 신탁자와 수탁자 간의 대내적 관계에서는 신탁자가 부동산소유권을 보유하고 신탁목적물이 부동산을 관리하고 수익 및 처분하면서 등기의 공부상 소유명의만을 수탁자로 하여 두는 제도로서 구법시대 부터 판례에 의하여 인정되어왔다. 부동산소유권과 그 밖의 물권을 실체적 권리관계에 부합하도록 실권리자 명의로 등기함으로써 부동산등기제도를 남용한 불법행위 등 반사회적 행위를 예방하고 부동산 거래의 안정화를 도모하여 국민경제의 건전한 성장에 기여함을 목적으로 1995년 제정된 부동산실명법에 의하여 원칙적으로 명의신탁이 금지될 뿐만 아니라 엄격하게 해석되어야 함에 불구하고 아직도 명의신탁은 척결되지 않고 있는 것이 사실이다. 특히 명의신탁에 있어서 부동산실명법에 의거 명의신탁약정이 무효가 된 경우에 명의신탁 대상의 부동산소유권이 누구에게 귀속되는가 등 여러 가지 문제점이 대두되고 있다. 따라서 명의신탁은 계약자유의 원칙이 지배하는 현시점에서 법률행위 논리가 반영되어야 할 것으로 본다.

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A Legislative Study on the Plans for its Improvements and Problems of the Lien in the Real Estate Auction (부동산경매에서 유치권의 문제점과 개선방안에 대한 입법론적 검토)

  • Jun, Jang-Hean
    • Journal of Legislation Research
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    • no.41
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    • pp.261-302
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    • 2011
  • A lien is the right to possession the thing until receiving repayment of its bonds in some cases that the property of other person or the occupant for marketable securities receive the bond that has occurred on that property or marketable securities. This has own purpose to break 'principle of creditor equality' to protect especially the bond of the subject occupant in terms of justice. These lien on our civil law come according to the law in prepared certain requirements. However, an incomplete real rights granted by way of security that does not have a preferential performance right or seniority on the exchange value of the object suffer from the problems a lot in the real estate auction process because of the feature that is not announced in the register unlike the mortgage. In addition, the lien of real estate is not lapsed in an auction process. There is no preferential performance righ in a positive law as providing that can oppose to the buyer(a successful bidder) until received repayment the secured bond price to be compliant with the lien(Civil Case Execution Law the 91st clause of Article 5). However, as asserted the super preferential performance righ to a buyer in real terms, acts as primary cause of breaking unexpected loss and according unfair law relation to a senior mortgagee and seizor, etc. and the principles of the creditors equality to the persons concerned in other words, the principles of justice. All of these issues are the establishment of the lien and theory conflict on the effects. In spite of the fluctuations of a real right about real estate is announced as a registration by the current law, only the lien come into unclear announcement means for possession. In addition, Civil Case Execution Law argument is caused by the adoption abernahmeprinzip about the lien (Civil Case Execution Law the 91st clause of Article 5). Therefore, this paper was examined briefly the significance and purpose, history and law-making examples of each country and the valid requirements and effect of the lien that is basic principle of law about the lien system above all. And then, it will be reviewed the improvement plan for de lege ferenda to improve the issues about this after reviewing the objection, theory and judicial precedent about opposing power and preferential performance right of the lien in the real estaKey Words : Lien, Oppose Power, Mortgage right, Preferential Performance right, Seizure, Real Estate Auction, Lien who can not Opposing against Successful Bidder, Lien who can Oppose against Successful Bidder, Possessionte auction that is a fundamental problem on requirement and effect of the lien.

Institutionalization for the Real Estate Electronic Commerce System (부동산정보윤리의 개념 정립 및 부동산정보윤리 확립 방안에 관한 연구)

  • Lee, Kook-Chul;Kang, Byung-Gi;Kim, Dong-Hyun
    • The Journal of the Korea institute of electronic communication sciences
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    • v.3 no.2
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    • pp.129-142
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    • 2008
  • The present paper questionable matter and necessity of real estate information ethics, triangular position method etc. is an escape and for is. And currently the real estate information ethical violate action where becomes the problem the plan which raises an ethical level is an escape and for is. Preceding research led first of all and justice a real estate information ethics and necessity, scope, function and basic principle escape. Also at current law escape sent 'accidental incorrect reports', 'preservation of the list must erase', 'light plagiarism' and 'information is inappropriate managed' in the object of the real estate information ethics which excepts the illegal act. With the real estate relation specialty led interview together and currently actual condition real estate current price information where becomes the problem and article for sale information type nonly-ethical and also the cause analyzed together. This led and also the real estate information ethical raising plan did escape together.

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