부동산경영 [Journal of the Korea Real Estate Management Review]

간행물 정보
  • 자료유형
  • 발행기관
    한국부동산경영학회 [Korea Real Eatate Management Academy]
  • ISSN
  • 간기
  • 수록기간
  • 등재여부
    KCI 등재
  • 주제분류
    사회과학 > 법학
  • 십진분류
    KDC 321 DDC 321
제5집 (8건)

중개계약의 전형계약화에 대한 검토


한국부동산경영학회 부동산경영 제5집 2012.06 pp.7-22

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The present review is to review and compare between Korea's Civil Code Amendment, 2004 and Japan's Civil Code(Obligationenrecht) Amendment, 2009 and also to assist further amendment by reviewing problems of Korea's Civil Code Amendment, based on above comparison. This review is concluded with comments about necessity of named contractualization of listing contract in Korea. As of current law, 'commercial law' defines about broker and agent related to commercial listing and 'the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act' defines about real estate agents. However, there is no common rules which is applied to all of commercial listing, real estate agent and of other types of listing or agents. Therefore, in case of real estate agent, legal characteristics of listing contract related to broker's 'duty of care of a good manager' and 'right to request for payment' are debatable and the precedent identifies this as delegation contract as of civil law. At the same time, it doesn't equally apply rules of delegation contract to listing contract's characteristics such as 'principal of contingent fee'. If this is the case, it is meaningful to change listing contract(as an individual contract type) to named contract by civil law. Civil Code Amendment, 2004, however, shows poor definition about the concept of listing contract and there is no comments related to minimum duty for broker to collect and distribute data at all. Futhermore, it surely adapt the 'principal of contingent fee' but, at the same time, it limits the 'right to request/claim the reimbursement of expenses/cost' only in case of special contract(rider) and it also tells that the 'right to request/claim the reimbursement of expenses/cost' should be ineffective in case of listing of both parties. This can be considered as too strict limitations.



공인중개사법상 양벌규정(兩罰規定)

김대명, 이대운

한국부동산경영학회 부동산경영 제5집 2012.06 pp.23-41

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The Joint Peal Provision carries a penalty not only the firsthand violator but also all the secondhand parties concerned, a person or company. Under article 6 of Constitutional Court's the Act on Special Measures for the Control of Health Offenses, there is a condicthion between the deserved punishment to an secondhand person and the Criminal Law's the Principle of Strict Liability. Accordingly, The Joint Peal Provision, the article 50 under the Licensed Real Estate Law; this Article apply to the estate agent performing under the continuous supervision against a breach, was reformed and has the conditional article which gives an acquittal to the deserved secondhand parties under article the Cause of Exemption from Responsibility. This Article critically reviews the meanings of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act Article 50 and discover a number of the problems penetratively by the legal interpretation.



부동산중개범죄의 유형


한국부동산경영학회 부동산경영 제5집 2012.06 pp.43-57

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While real estate agents about the criminal offense that can occur around real estate agent with an attorney beopwiban official criminal tampering in the fraud and embezzlement, obstruction were examined. Realtor law around the prohibited conduct was investigated. Finally, the real name transaction law and subject teachers Foreigner's Land Acquisition Act in the criminal transgression was examined aiding criminals. In order to secure the effectiveness of legislation in prison or a fine penalty provisions as powerful, but in the future, rather than an increase in the penalty charges system or introduction of community service and, further education course instruction and proactive in the area of the education system in conjunction with the University of complement the look that you need.



공인거래정보망 개선을 위한 인식실태 분석 연구


한국부동산경영학회 부동산경영 제5집 2012.06 pp.59-74

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Although real estate transaction information network investing, operating and using by realtors has the ascendant status, it can't be activated for 18 years and carry well out function and role. Under these recognitions in question, this study is to find out as we analysis of recognition state for improvement of real estate transaction information network using the behavioral scientific approach and the statistical approach, and from that, seek for improvement of real estate transaction information network. For these purposes, this study investigated the level of satisfaction of realtors who had used the real estate transaction information network in Seoul, Gyeonggi-do, six metropolitan cities. As a result, the occupancy rate of the real estate transaction information network appears to be low. Therefore, in order to improve the occupancy rate, we have to improve an operation method of the real estate transaction information network, strengthen a additional service function, a consumer advertisements and public relations function, enforce the exclusive agency listing contract system or get in writing from intermediation request. Also, a system guaranteeing maintenance to a realtor registering the real estate transaction information network for the first time and a connection of a real estate transactions report system will be alternatives.



주택전세가격의 변동이 주택매매가격 변동에 미치는 영향력과 그 대응 정책에 관한 소고

이종규, 서진형

한국부동산경영학회 부동산경영 제5집 2012.06 pp.75-105

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For the past 25 years, housing rent price has been rising consistently in korea. Especially, there have been 13 times up by annual average 5% over a year ago, and there have been 8 times up by annual average 10% over a year ago. Also, there have been 4 times down housing rent price. The reasons why the price has gone down are exterior environmental factors changes(IMF,ect..) and relative decline according to increase of a year ago. The reasons why the price has gone up is that the essential features of situation, very precarious balance between supply and demand, economic and social environmental factors changes. Especially, the most typical reason is that very precarious balance between supply and demand. It comes as a result to housing sales price are moving upwards. There are many different policies in response of high prices of housing sales. Market activation policies is the most important among others. There is financial policy and tax policy.



행정재산 통합관리를 통한 국유재산관리제도에 관한 연구

이덕형, 신민식

한국부동산경영학회 부동산경영 제5집 2012.06 pp.107-130

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Korea’s policies regarding state-owned property management has undergone numerous changes throughout the years. However, despite these efforts, there still are criticisms of state-owned property management in that it has not been efficiently and economically managed and administered, and that it has not met expectations of reasonable use for public purposes of the state and enhancement of the public’s welfare. Recently, there has been growing interest in the utilization and increasing revenue of state-owned property following serious changes in both domestic and international economic conditions. Thus, a new shift into a different management of state-owned property is being attempted. In this context, this study centers on the State-owned Property Special Treatment Restriction Law (implemented April 1st 2011), and attempts to investigate the efficient management and utilization of state-owned property that can relieve the problems related to abandoned administrative property management and free use and transfer while also actively and aggressively respond to new changes in conditions.



국제조약에서의 부동산투자 분쟁 해결에 대한 연구


한국부동산경영학회 부동산경영 제5집 2012.06 pp.131-176

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After signing a Free Trade Agreement (FTA) with Chile in 2002, South Korea has concluded FTA negotiations with Singapore, EFTA, ASEAN, the United States, the European Union, India, and Peru, while in negotiations for FTAs with Canada, Mexico, New Zealand, China, Australia, and GCC (as of 2012). South Korea is creating conditions for future FTAs with each region. South Korea invests a lot of time and effort in FTA negotiations with each overseas region because Regional Trade Agreements (RTAa) based on FTAs have been increasing rapidly around the world since the early 1990s, while its multilateral trade negotiations initiated by the World Trade Organization (WTO) remain in the doldrums, making any major progress. The WTO statistics show that a total of 380 RTA conclusions (including those for the General Agreements on Tariffs and Trade (GATT) were reported to WTO from around the world as of July 2007; among them, 240 conclusions were announced after the establishment of WTO in January 1995, 223 RTAs are being implemented as of September 2008, and 136 RTAs were concluded in the form of FTA. Another reason behind the flood of FTAs all over the globe may be that WTO attaches importance to multilateral trades and the WTO regulations exceptionally accept FTAs not running counter to several sub-sections. For example, the fact that tariff and other restrictions on other regions shall not be downgraded as compared with before the FTA settlement, although these agreements run counter to the Most Favored Nation (MFN) treatment. Considering both the global situation in which FTAs become universal and the domestic situation where the percentage of overseas trades in the South Korean economy is on the gradual increase (with the percentage of import and export in the Gross National Income (GNI) representing 94.2% as of 2007), South Korea can become alienated from international trade relationships and cannot possibly benefit from FTA-based preferential trade if it fails to swim with this global current of the times. In relation to the current issue of the reduced growth rate caused by low birthrate and an aging population, FTAs are also regarded as essential to the country in improving productivity through competition, securing stable overseas markets, and expanding foreign direct investment (FDI) domestically. To cope with this stream of the times for FTAs, South Korea is pursuing FTAs with many countries simultaneously, and has concluded agreements with large economies, including the United States, the European Union, and India in 2007, 2010, and 2010, respectively. South Korea chose to sign FTAs with these regions because they are the world's largest export markets. With South Korea-EU and South Korea-US FTAs coming into force in 2011 and March 2012, respectively, this study aims to investigate how the International Center for Settlement of Investment Disputes (ICSDI) will settle relevant real estate investment disputes.



서울시고밀도아파트 재건축사업의 전략에 관한 연구

이옥희, 서진형

한국부동산경영학회 부동산경영 제5집 2012.06 pp.177-199

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I figure out a various of problems about high-density apartment reconstruction projects and study ways to vitalize real estate markets. First, floor-area-ratio and story-restriction policies are problems to be needed improvement. The government should conduct a flexible policy, which can enlarge householders' profitabilities, resulted from its probabilities to consider lots of different conditions and circumstances on specific issues, floor-area-ratio and story-restriction. Second, I'd like to discuss about a reconstruction cost and additional shared cost. A clear documentation about some related matters on pricing reconstruction and another additional fees must be a help with a solution when a conflict occurs between constructors and union members. This documentation will be also a good strategy to maximize union members' profit or assets whenever some cost-related problems are uprising on the reconstruction site. Third, a regulation that prohibits union members from transferring their status or positions in the zone of overheated speculation is needed to be invalidated considering of the direct infringement of property rights. Furthermore, the regulations should be promptly removed when some speculation ridden-areas are judged no more speculated zones at the moment. Forth, a mandatory percentage rules of constructing small sized houses(2:4:4 rules) and rental houses on reconstruction projects in the medium and large sized apartment complex are needed to be systematic revised to stimulate reconstructions in the real estate market. Fifth, union members' lack of professionalism in the reconstruction field and markets is uprising issues. Union presidents should complete a basic educational course to upgrade their expertise and it is needed to be institutionalized and regulated as a system. Sixth, management of unions' authorities should be enhanced and lots of endeavors for improving union-executives' qualification must be accompanied with the supervision. Seventh, unions could get and strengthen a members' solidarity and high participation through opening clear business processes to the members. negative cognitions of union members about an increase in additional shared cost are needed to be changed. In fact, union members get the more advantages, the less supplementary fees but they must foresee and consider their apartment's future value by improving and reconstructing. Thus, a positive acceptance of additional cost is sometimes needed.


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