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
제6집 (11건)

법원판례분석을 통한 부동산거래사고예방에 관한 연구

박재율, 서진형

한국부동산경영학회 부동산경영 제6집 2012.12 pp.7-33

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For this purpose, this study attempted to analyze 22 transaction accidents randomly drawn from the precedents of the civil action such as damages occurring in the process of real estate transaction submitted in the lower court over the period between 2003 and 2008. To prevent this real estate transaction accidents, this study presented the following prevention scheme: It is necessary to provide the real estate broker with special education needed for confirmation and explanation of the object for brokerage and amend some of the licensed real estate agent system. If the previsionary registration is conducted such as sale by subscription at the same time as the real estate transaction contract, it would make a great contribution to the prevention of transaction accidents due to fraud and embezzlement. It is necessary to examine the codification of simultaneous performance like this. It is necessary to make an accurate explanation of the present situation of real estate by attaching the certificate for land use plan compulsorily at the time of drawing up the contract. It is necessary to awaken people to the importance of the analysis of rights for real estate through the PR materials of city hall, county office and borough office as well as real estate brokers.



임대수요자 중심으로의 공공임대주택제도 개선방안 연구

신민식, 이덕형

한국부동산경영학회 부동산경영 제6집 2012.12 pp.35-60

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With continuous economic development since 1970s, housing demands sharply increased due to city concentration. As the result of that, the shortage of housing became severe and the issue of housing was soared up as a top priority task. Thus government had weight on quantitative expansion for housing supply policy to solve rapid demand increase and short supply. However, quantitative expansion brought in the imbalance of income redistribution and created housing problems for the isolated low income class. Recently seeking after the policy of public rental housing, which is possible to deliver benefit to recipient effectively by materializing the aid program of dwelling welfare, becomes an important task to differentiate the rental fee system and the levy system based on income level as a way to solve the increased stock of public rental housings and increase the level of dwelling welfare for the low income class and raise the equity of distribution. This study derived implication about how much the past supply policy of public rental housing was adaptable to consumers through the analysis of public rental housing policy to stabilize the dwelling of ordinary persons, additionally, compared and researched the public rental housing policy in foreign countries and looked over it through document survey and analysis on actual conditions and examples, etc.



부동산집행절차에 있어 유치권의 문제

이석근, 권영수

한국부동산경영학회 부동산경영 제6집 2012.12 pp.61-81

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According to the fifth clause of Article 91 of Civil Execution Act, although it practically takes on abernahmeprinzip that forces a purchaser of real estate auctions (successful bidder) to reimburse receivables collateralized as a lien with respect to a real estate lien, a rightful person is not legally obliged to report a lien in auction procedures and the auction court is not responsible for definite title examination, solely notifying a purchase candidate of legal relationships such as whether or not a lien is valid by record with ambiguous not indisputable expression. The responsibility on this is completely imposed on a purchaser. Further, different from other rights over real estate that take registration as a method of public notice, a lien is valid with lawful occupation (Civil Law the second clause of Article 320) without registration, which is subject to conflict with a lien and other rights. In Civil Execution Act, if a false or exaggerated lien is reported by abusing the problem in a real estate auction with a collusion of debtor, owner, and lien holder, a rightful person in a prior-order security right is subject to infringement by a lowered winning bid and a status of a purchaser of real estate auctions (successful bidder) noticeably is not secured. For this, along with genuine protection of lien holder and prevention of false, exaggerated report of a lien, auction participants should be able to check in advance whether or not a lien is true. To achieve this, required is to introduce a lien registration order system similar to the lease registration order system of housing (shop) leaseholder in Special Civil Law. Required is also to secure a status of a rightful person such as a person holding a security right and a purchaser by enabling a lien holder to access to material, along with making public the court's screening, when a lien holder applies for his or her right. If a valid part on a lien can be definitized and also title examination on the sale property can be settled in concrete through an enhanced lien holder legal status on real estate and relevant improvement schemes, a transparent real estate auction market will be set up which prevents delayed real estate procedures and possible disputes later on in advance.



유통단지 입주자 만족도 연구

노영학, 윤성만

한국부동산경영학회 부동산경영 제6집 2012.12 pp.83-106

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This study, the future just live in the industrial supplies distribution company that operates business in the operational aspects of satisfaction and tenant satisfaction, and investment assets as part of environment and facilities for tenant satisfaction by analyzing large target national or industrial dimension distribution in the complex, and when you want to develop and supply was attempted for the purpose of the policy alternatives presented. Goods between the tenants in common exchanges and cooperation factor analysis in this study is the satisfaction factor was identified as the most important factor in terms of investment and operational aspects of business in the empirical analysis. Facilities, and environmental aspects of satisfaction, satisfaction with the 'parking' space and facilities that can be the most important part in modern logistics distribution shows the highest good parking space and facilities to tell the tenants are generally satisfied with the fact that give.



경제자유구역 개발제도의 문제점과 대안 - 인천경제자유구역 청라지구를 중심으로 -


한국부동산경영학회 부동산경영 제6집 2012.12 pp.107-133

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The purpose of this study is to analyze the problem from the introduction of the free economic zone of the system development since 2002 to provide an alternative and started. Significance of Free Economic Zone development system and the type, content and assessment through the previous studies were analyzed. To do this, first Significance of Free Economic Zone development system and the type, content and assessment through the previous studies were analyzed. Also look for a free economic zone development approach has been investigated in terms of the meaning of Real Estate. In addition, this study is the subject of the Incheon Free Economic Zone cheongna area information, develop business plans and analysis of the current situation. Various alternatives for solving problems and based on the results of the analysis presented. Following three Free Economic Zone development system alternatives for problem solving. First, some collapsed or extended development period, such as six free economic zones of the plan to re action is needed. Second, seeking development capital allocation and coordination of national level measures are needed. Last, council to organize the national level of public and private, and prevent the recurrence of similar problems, the need to promote a speedy resolution to the problem that occurred. There are the following three alternatives to solve global problems cheongna area. First, earth aversion facilities and pollutants cheongna area and isolation measures should be made. Second, dispute the adjustment and subunyangja bunyangja prepared to counter the confusion should be avoided. Last, House for sale related to the information disclosure system in place to prevent a similar problem occurs.



부실등기의 해결방안


한국부동산경영학회 부동산경영 제6집 2012.12 pp.135-156

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The real estate holds the domain which is important to the human life. People can have the real estate. However, the display of the real estate, items or the rights can be changed. I do a registration the role that I inform all people of this. Therefore, the people trust a registration and I trade. And I can be guaranteed of the safety of the dealing. Anyway, I cannot believe the untruth registration and one person cannot receive a dealing the protection. And it gets the great damage. Also, I cannot be guaranteed of the safety of the dealing. Accordingly, I argue that the following measures. ① I have to reconcile the account book which is in the registration and small government office. ② I have to install the public office managing a registration. ③ I have to improve the judicial scrivener system. ④ I have to receive a notarization in the certificate about the cause for the registration. ⑤ I have to change the judgment right of the officer taking charge of a registration. ⑥ I have to raise the talent of the officer taking charge of a registration. And I have to be specialized. ⑦ I have to change the reading system. ⑧ I have to inform the people of the knowledge about the real estate. And I have to strengthen a punishment. So, basically I have to solve the problem that I generate the untruth registration. Only this way, All people will be able to believe a registration and I will be able to trade. And the safety of the dealing will be guaranteed.



「동산ㆍ채권 등의 담보에 관한 법률」상 채권담보제도의 문제점과 개선방안


한국부동산경영학회 부동산경영 제6집 2012.12 pp.157-175

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The capital is becoming a very important factor in modern society. It is critical for both corporations and individuals to maintain sufficient levels of capital, and they rely on collateral systems for such maintenance. It is however widely acknowledged that the collateral system in Korea does not meet the demand for capital because corporation assets in the form of equipment or bonds cannot be utilized as collateral. The Bonds Collateral Law has been enacted to circumvent such limitations by allowing bonds as collateral. As a result, collateralizable items have been expanded to include not only real estates but also bonds. However, the problem of this law is that a comprehensive use of bonds as collateral is hindered by some provisions in the law. I here discuss how the Bonds Collateral Law can be improved to solve the problem of a restricted use of bonds as collateral. It is anticipated that the bonds can be widely used as a new type of collateral if the aforementioned problem in the Bonds Collateral Law is carefully inspected and continuously improved.



부동산유치권제도 폐지론


한국부동산경영학회 부동산경영 제6집 2012.12 pp.177-192

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The lien system of the civil law has the facility itself. Which is the first a claim security facility, The second The detention facility of the objective. The lien system have a harmful influence in transactions. This a harmful influence, the 1st, the abuse of the interested party comes into being the physical collision. The 2nd, Between the parties comes into being law trouble about a lien existence. Such disputes raises issues of criminal and civil problems. Such trouble causes the problem of the detective with a civil affairs problem. And bogus liens harms constitute the true owners. These problems with the lien attributable to institutional defects. Therefore, this study argues waiver of lien system.



부동산정책변화가 거시경제에 미치는 영향

김학환, 정승영

한국부동산경영학회 부동산경영 제6집 2012.12 pp.193-217

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The factors affecting real estate value can be classified into two categories at the nation level in South Korea: one is political factor, and the other is socio-economic one. This research focuses on analyzing the effects of real estate value changes caused by political factor and understanding the interaction between the changes in real estate value and regulations on real estate market. According to the results of our empirical analysis, it is found that the financial regulation or policy on housing market have negative effects on all market types. Especially, the high mortgage loan interest rate on housing market has greatly effects on the apartment sale demand side. This result shows that regulation policy has large impacts on the real estate value in South Korea.



입주자대표회의의 계약체결권에 관한 연구 - 대법원 판례를 중심으로 -


한국부동산경영학회 부동산경영 제6집 2012.12 pp.219-232

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With the rapid spread of mass housing, such apartment, in the housing culture, many disputes over the management of mass housing have been occurred in our society. The first emerging issue regarding the management of mass housing was the residents' opposition to unilateral operation of mass housing by developers or managements selected by such developers with the residents' intention excluded. Corruption and irregularity frequently occur since most of apartment complexes conclude all matters through their own audit process due to the residents' indifference to the management of mass housing, moral hazard of a representative association for residents, and management system assigned to resident autonomy. Above all, the management of mass housing must be improved in the direction of respecting individual resident's intention. In order to achieve it, a representative association for residents should not be operated for its own benefit, but should be operated in the direction of respecting the collective opinions of residents and realizing them. While the role of government has put an emphasis on management rather then construction, it is time for government to put an emphasis on management rather than construction. Because the management of housing is a public service for promoting national people's residence benefit, it should not be conclude as a clumsy logic of efficiency or moderate temporary expedient, but requires a forward-looking and innovative change of awareness.



부동산경매제도의 절차상 문제점과 개선방안

허문수, 이동영

한국부동산경영학회 부동산경영 제6집 2012.12 pp.233-252

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Real estate auction, a way for purchasing real estate, has a strong point- people can purchase real estate it for cheap price, but it has a weak point-people suffers from damage due to difficult right analysis. Recently, end-users through real estate auction have a high concernment. It is why they think auction to be a way of financial technology. But high concernment does not always bring about high success rate. As usual, in markets, there are more people suffering from failure than those who succeed in investment through real estate auction. People’s concernment on real estate auction increases gradually, but real estate auction is not activated, yet. As a result of material analyses, this thesis leaded to the result as followings. First, administrative officials have to be given the right of taking in and out, the right of investigation on occupants and debtors, and extensive compelling power to enforce to submit documents and to confirm subjectively inner structure and use. It will enable them to make written present condition. Second, if an auction procedure, aimed at carrying out legal rights of creditors, should be delayed, trust on national enforcement system is lowered. So, a disturbance of disposal by a complaint has to be got rid of with improved means. Third, the way to solve unpaid disposal is not standardized between courts. So, the cases have to be solved, basing on supreme regulations, for example the materials have to be disposed by special sale auction, that is, by delay interest rate added. In the end, as for the status of debtors, a lot of problems on laws relating to the current lease and the procedure of auction are exposed. The debtors’ seniority has to be secured. So, a item has to be established, saying that even if a debtor should win lessor in deposit return demand lawsuit and applies for auction for a real estate, counter power for the thirty party has not to be conceited, if only the lessor should dwell in the house till the time of auction application and deliver the house at the time of auction. As a result, the real status of the current real estate auction system operation and problems in carrying out it have to be continuously grasped continuously so that the system can be fixed as a system and improvement ways have to be established. Then people can trust the real estate auction system. In the future, the system improvement way has to be explored continuously.


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