不動産去來 에스크로우 제도의 適用에 關한 硏究 = (A) Study on Application of Escrow System in Real Estate Transaction

다국어 초록 (Multilingual Abstract)

Real estate is very important from the viewpoint that it is really composing of the basis of a country's wealth. To each people and each family either the real estate is so important that it would be usually the biggest money of the lists of its possessions.
So any accident incurred during a process of real estate transaction could be critical to the individual. Therefore, quite a suitable system should be established for dealing of real estate.
However our system for the real estate transaction looks somewhat poor relatively comparing with that of the foreign country. Of the many problem-factors such as no man power, no high technique, no capital power enough to compete with foreign competitors. firstly we can point out that there is no instrument to prevent systematically the possible accident incurred during the transaction.
To solve basically our such weak-point the escrow system's introduction and application is very necessary, I think. Escrow can be defined in short that an impartial third party is brought to keep or hold any funds or documents safely until all conditions of contract have been satisfied.
The purpose of escrow system is to prevent any risk which could be involved during a deal of real estate. So escrow system requires the title insurance to prevent originally any problem and risk relating with the ownership. Especially in our country where the public security is not given to the registered documents the title insurance is very important in ensuring ownership.
After IMF crisis of 1998 our government started to try the policy of real estate liquidization such as MBS (Mortgage Backed Securities) to promote the business of real estate and further stir up whole economic condition too. But if we want really to activate and take advantage of the real estate liquidization's good effect, the title insurance should be carried for the mortgage on which primary financing is made because the assurance about the ownership registered in the title shall be the most important basis for the liquidization.
We can see, by applying the escrow system to our real estate transaction our real estate transaction system might be much advanced and competitive and the real estate liquidization also be activated. However, the general people will not have good feeling ,about the additional burden caused by the service fee for the new system of escrow and title insurance.
So at the initial stage the partial application shall be more realistic. For example, the residential house contract price over three hundred million won and as for the relatively riskier land transaction the contract over two million won shall be applied compulsorily. For the smaller contracts to which the escrow system is not applied, as a second best way, temporary registrating of ownership transfer could be used immediately after the transaction contract signature. In this case, to solve the double payments of registration tax we can think over the tax exemption about the actual registration at the transaction's closing.
If escrow system is applied to, who shall perform the job is a important thing which we have to decide.
Considering the required conditions such as the power 'of capital, creditability, security and efficiency etc. our financing institutions seem to be the most suitable in view of our present real situation to carry out the escrow pb, supposing that we apply the whole escrow system Just as done in U S A. But, if there are actually too many difficulties in establishing the new organization to accomodate the whole escrow system, the real estate broker shall be able to assume the simplified escrow items by reinforcing the current brokerage job, even though, in long term view we have to study and effort continuously for applying the whole escrow system completely.
Under the worldwide organization of WTO and with entrance to OECD our all areas' market has become to be opened widely. So all areas' paradigm should be changed and advanced to compete and survive in the unlimited competitive market. Our real estate transaction system also should be changed and advanced with the same reason.
As a means of our real estate transaction system's advancement, so far we have checked about the application of escrow system and found out there could be such effects also as original prevention of the transaction accident and activation of real estate liquidization etc. due to the application of new escrow system.
As a conclusion I'd like to suggest strongly even though there might be some problems up to being utilized the new system of escrow and title insurance should be applied to our real estate transaction within early tune through the cooperative and hard efforts of all members working in the actual fields, the academic circles and government side together because we have to set up the advanced and competitive system in order to survive and win in the limitless competition market of the real estate area too.

목차 (Table of Contents)

• 목차 = 1
• 제1장 序論 = 4
• 제1절 硏究의 背景 및 目的 = 4
• 제2절 硏究의 範圍 및 方法 = 5
• 제2장 우리나라 不動産 中介業 槪觀 = 7
• 제1절 중개업의 起源 = 7
• 제2절 不動産去來 節次要約 = 7
• 제3절 不動産 중개업의 專門化 = 12
• 제4절 不動産 市場의 國際化 = 13
• 1. 市場開放 = 13
• 2. 外國人 進出現況 = 15
• 3. IMF이후의 狀況 = 21
• 제5절 우리나라 부동산 仲介業制度의 문제점과 나아갈 方向 = 23
• 1. 手數料 문제 = 23
• 2. 부동산 去來制度上 문제 = 25
• 3. 에스크로우 關聯 法 조항의 문제 = 27
• 제3장 에스크로우 制度 = 29
• 제1절 에스크로우 槪要 = 29
• 제2절 에스크로우 節次 = 30
• 1. 에스크로우의 開設 = 32
• 2. 權原調査 = 33
• 3. 狀態調査 = 34
• 4. 賣買資金대출 = 35
• 5. 權原保險 및 기타보험 = 36
• 6. 終結 = 40
• 제3절 에스크로우制度의 原則 = 44
• 1. 公平性 = 44
• 2. 獨立性 = 44
• 3. 記錄維持 및 비밀보장 = 45
• 제4장 에스크로우제도 適用 時 豫想效果 = 47
• 제1절 同時履行에 依한 事故의 원천적 防止 = 47
• 제2절 부동산 거래 제도의 先進化 = 47
• 제3절 에스크로우 市場 및 權原保險市場 形成 = 49
• 1. 效果의 계산 = 49
• 2. 국민 不動産去來事故 보험료 = 50
• 제4절 부동산 流動化시장의 活性 및 安定 = 50
• 1. 부동산 流動化 및 活性化의 전제조건 = 51
• 2. 效果 計算 = 53
• 제5장 에스크로우제도 適用에 있어서 問題點 및 解決方案 = 55
• 제1절 手數料 및 權原保險料 追加負擔 問題 = 56
• 1. 부분 適用 = 56
• 2. 假登記 = 57
• 제2절 에스크로우 業務擔當 主體의 問題 = 58
• 1. 에스크로우 회사의 免許, 허가, 監督 = 58
• 2. 金融圈의 대출부문에서 擔當 = 59
• 3. 기존 仲介業者의 업무 補强 = 62
• 제3절 에스크로우제도의 段階別 정착방안 = 64
• 1. 잠정적 시행 = 64
• 2. 본격적인 施行 = 64
• 제6장 結論 = 65
• 첨부 = 70
• 參考文獻 = 73
• ABSTRACT = 76