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
제7집 (9건)

공법상 환매권행사 제한에 관한 小考 - 재산권의 존속보장을 위협하는 공익사업변환과 관련하여 -

박정일, 원종석

한국부동산경영학회 부동산경영 제7집 2013.06 pp.7-23

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Article 23, Section 1 of Korean Constitution "The Property Right of all people is guaranteed'" means that the continuance guarantee of Property Right should take precedence over the guarantee of Value. Exceptively, the order of priority can be inverted by expropriation for public use. In these cases, however, the precondition of 'the Needs for Public' should be preceded. If this requirement isn't met, the order of guarantee should be put back again for the Continuance Guarantee of Property Right. For this, Korean law sets Repurchase Right. However, there are some limits about the exercise period of Repurchase Right and about the cases that the exercise of Repurchase Right is allowed. Korean Law also admits the restriction of exercise of Repurchase Right caused by the change of public utilities, and it is hard to see the law like this among other countries. Even the Constitutional Court as well as the Supreme court admits the necessity for the restriction of exercise of Repurchase Right. In this paper, some considerations are discussed which are needed to get the Repurchase Right System settled as effective ways to protect the Continuance Guarantee of Property Right



공인중개사법의 추진방안에 관한 연구


한국부동산경영학회 부동산경영 제7집 2013.06 pp.25-45

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Until 2006, affairs regarding licensed real estate agents and real estate brokerage businesses were regulated by 'Real Estate Brokerage Act' legislated in 1983. And then, since 2006 'Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act' has been regulating the affairs. However, as the title of this act of 2006 shows, it is focused on the regulation of real estate brokerage businesses and does not seem to precisely suit to the law regarding professional licensed agents. Therefore, there have been efforts to convert this act to 'Licensed Real Estate Agent Act' and attempts to propose the legislation have been made. However, the result has not been successful yet. This study investigates controversial issues raised when converting the act to 'Licensed Real Estate Agent Act' and the challenges raised when proceeding 'Licensed Real Estate Agent Act'. The points surrounding 'Licensed Real Estate Agent Act' is not about legislating a new act, but it is about the amendment of 'Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act' under the revised title of 'Licensed Real Estate Agent Act'. This study especially focuses and suggests consistency and coherence of the legal system, measures to separate the real estate transaction report system, and the desirable measures for the amendment of the act.



대학생의 기숙사 만족도에 관한 연구

우효진, 채현길

한국부동산경영학회 부동산경영 제7집 2013.06 pp.41-58

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Today, it is important to apply facilities and amenities in dormitories in qualitative aspect. This study investigates the satisfaction for improving dormitories facilities targeting university students in Seoul who live a dormitory. It is required to improve noise in the bedroom, lounge and cafeteria, size of space in the toilet and indoor sports facilities, the location in the laundry and heating in the library. Among them, satisfaction regarding the noise is the lowest. Also, the lack of the private space was the biggest problem. The comparison between the old dormitory and the new dormitory showed that the bedroom satisfaction had the biggest average difference while there was almost no satisfaction difference in the cafeteria and library. It implies that there was more complaints against the size of space, heating, or noise in the bedroom in the old dormitory because the main objective of the private room was for sleeping. On the contrary, the subjects answered that they take the quality, taste, and quantity of the food as a priority rather than the facility in the cafeteria. And The library had no remarkable satisfaction difference The result of this study suggests that students who live in a dormitory want to need environment improvement such as private space.



독일민법상 유치권제도에 관한 연구


한국부동산경영학회 부동산경영 제7집 2013.06 pp.65-85

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BGB does not recognize a real estate lien. Our estate lien Civil Code as opposed to the regulations of the BGB in relation to the same bond occurs between the corresponding bonds by the authority enforcing the lien bonds declined as the properties were clear that with the right. German Civil Code has a lien on the general provisions in the sense that we match the civil one, we as civil estate is not taken as a configuration. In addition, even in its coverage area with no consideration for bilateral relations will be applied. BGB have a lien on the whole it is similar to the case of the French Civil Code. In other words, if the unified regulations of the German based on the Prussian BGB Continuing Saarland, lien bonds declined as the benefits seen by rights, be faithful to the Roman law faithful to the Bond Act was part of the benefit obligation, the debtor may claim a lien in the event payments receipt and payment of benefits payments to resolve the debt as effective as the right decision is received. Under BGB Section 1000 by the German occupiers during the occupied residents about the spending priorities for the recovery party seems to be acceptable. However, real estate, such as in Germany, Korea, and the reasons for the estate a "Licensee's right to apply for an auction to attract' you will see that there is no system.



백화점과 대형마트의 이용행태 차이에 관한 실증분석 - 서울/수도권 주민을 대상으로 -


한국부동산경영학회 부동산경영 제7집 2013.06 pp.87-107

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This research has analyzed characteristics and differences of customer shopping behavior between department store and super store. First, the elementary outline of customer shopping behavior has been comprehended by analyzing shopping frequencies, shopping hours, means of transportation by retail types. In addition, differences in decision criteria, satisfaction have been more analyzed by items and retail types. The analysis result showed that some differences are identified in customer shopping behavior by department stores and super stores. Firstly, customers are found to shop more frequently in superstores but to spend more time in department stores. Secondly, main reasons of visitation to super stores were purchase-relevant; however, department stores are not. In the perspective of satisfaction degree, department store showed higher level than super store in all factors except price and accessibility. In the perspective of shopping frequencies by items, department store showed higher frequency level in apparel, miscellaneous goods, cosmetics and sports wear/goods, while super store showed higher frequency level in groceries, household items, kitchen items and others. In the perspective of purpose of visitation, purchasing goods was the most important purpose regardless of retail types. Beside this purpose, department store shows higher level in window shopping and using cultural facilities like theater, culture center, etc. Yet, super store shows higher level in neighborhood living facilities like beauty shop and clinics.



법원경매에서 주택임차인 보호를 위한 개선방안 연구

신민식, 이덕형

한국부동산경영학회 부동산경영 제7집 2013.06 pp.109-130

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This study attempted to analyze the legal content concerning the legal status of the housing tenant in real estate auction based on the special laws of the「Civil Code」such as the「Housing Lease Protection Law」and the 「Civil Execution Law」and present the following scheme for improvement of the legal status of the housing tenant by examining the decision of the Constitutional Court and the judicial precedents of the Supreme Court: First, the opposing power should be generated only by the delivery of the house and come into effect immediately from the day that the delivery of the house occurs. Second, in case the senior tenant is not repaid the total sum of the deposit at the previous auction procedure in which the senior tenant has both the opposing power and the preferential payment right, the trailing auction procedure should admit both the opposing power and the preferential payment right. Thir, it is necessary to improve the standard for the small-amount tenant to calculate the price subject to preferential paymenton the basis of 'the higher of either the appraised price or selling price', not the selling price.



수도권 고속도로 휴게소의 이용실태에 관한 연구

서진형, 권순희

한국부동산경영학회 부동산경영 제7집 2013.06 pp.131-151

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Thus, this study is intended to identify the purpose of using expressway and rest area, perception of previous rest area, and recommendations for development of future rest area, and to suggest improvements for future rest facilities that can satisfy the users in an effort to show the necessity for the development of the expressway rest area used by the residents to commute in the metropolitan district including Seoul, Incheon, and Gyeonggi-do where there is suburbanization and post industrialization. The results showed that a majority of the respondents were using the expressway rest area for the purpose of using toilet, resting, and dining, whereas the high number of the users of the handy rest area in the seoul ring expressway during their commute preferred using the facilities inside the rest area rather than physiological phenomena such as using toilet. This showed that the rest area can solve a wide range of user demands leading



임차권등기명령의 개선방향에 관한 연구


한국부동산경영학회 부동산경영 제7집 2013.06 pp.153-170

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A trend of a leasehold interest on real property to be a real right is proceeding toward strengthening the position of tenants by Housing Lease Protection Act and Commercial Building Protection Act. The Lease Registration Command System that comes from the needs is introduced with the main purpose which guarantees of keeping their opposing power and the right of priority settlement of leaseholders who register the right of lease by the Lease Registration Command. However, the Lease Registration Command System isn't used frequently so this article suggests the way to improve the revitalization of this system and the effectiveness. First of all, when there is a taking over, the legislative improvement that can make a leaseholder apply the Lease Registration Command to a transferee regardless of lose of a leaseholder's opposing power is needed. Secondly, the Lease Registration Command should improve to be applied by a leaseholder during a period of lease ( on condition of conclusion of lease and refund of deposit ) under Civil Code Section 621 that the registration of lease can be applied during a period of existence. Thirdly, the legislative improvement that can make leaseholders who registered the lease apply an auction of the registration of lease when they didn't get back their deposit in spite of the end of lease is needed. The pursuit of the purpose of Lease Protection Act for protecting leaseholders as the social, economic weak through the improvement of the Lease Registration Command System is expected.



토지신탁의 구조와 위험분석에 관한 연구


한국부동산경영학회 부동산경영 제7집 2013.06 pp.171-206

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Trustees or real estate trust companies insist on the independence of trust asset, but have difficulty securing stability of real estate land (development) trust operating because there is no legal identity. Accordingly, this study is focusing on the following problems in operating trusts through some precedents and related cases: a) Application of the tax law in the operating process of real estate land (development) trust b) Unlimited liability for the delivery of the land trust operating cost from a real estate trust company c) Liability for the mortgage of sale, even after the termination of real estate land (development) trust d) Unlimited liability for a third creditor of real estate trust company. To dissolve the problems about real estate land (development) trusts, this study suggests “a real estate investment trust system of limited liability type” and “a subsidiary real estate land development trust company” or an investment company under the capital market law. There is a need of revising the tax law in the matter of the application of the law overall, through the review of the principles of real taxation as regular rules of taxation, because the tax law will dissolve only the problem of applying to the tax in name under the value-added tax law.


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