합리적 대토보상 개선방안에 관한 연구

윤정득(Yoon, Jung Deuk) 한국부동산학회 2010 不動産學報 Vol.42 No.-

1. CONTENTS (1) RESEARCH OBJECTIVES I tried to propose revision of current land compensation standard becoming accomplished "fair compensation" prescribed by ｢Constitution｣. Besides, I suggested an improvement program about rational substitute land compensation of the economic side accepted by the person who is compensated through revision of ｢Law on Tax exception｣ provision connected taxation deferment of capital gain tax at the time of the substitute land compensation. (2) RESEARCH METHOD In order to attain a research purpose, I did a preceding research and a literature study of judicial precedent, law, scientific journal, thesis etc. which relates. As well as, endeavored to seek a rational reform recommendations by compares with system of the foreign nation. (3) RESEARCH FINDINGS There is present the improvement program to a method and investigates the questionable matter about the substitute land compensation which is a method of the loss compensation which is not presented from existing preceding research investigates 2. RESULTS Graped the next method to public utilities can be an compensate person received fair compensation. First, proposed the compensation set which applies the average range of fluctuation of land price of past 3 years and years until the supply contract contracting . Second, suggested by estimated standard of compensation "the creation prime cost" of the public utilities which is based to each individual law with that alternative. Third, suggested revision of "taxes exception legal Enforcement Ordinance" into public announcement day of work recognition at the time of calculation period of long term retention special deduction at the time substitute land transfer.

서울시 토지의 과세평가 형평성에 관한 연구

윤정득(Yoon Jung Duck) 한국부동산학회 2016 不動産學報 Vol.66 No.-

1. CONTENTS (1) RESEARCH OBJECTIVES The purpose of this study is statistical test to whether vertical equity and horizontal equity of the land assessment through empirical analysis and present a plan for raising the land basis of assessment estimate based on the results. (2) RESEARCH METHOD Theoretical study was in the literature, horizontally equity through evaluation ratio tested through the COD presented by IAAO. And vertical equity was PRD and PF model, Cheng model, Bell model of the traditional regression methods and Quantile Regression Model was considered the conditional distribution. (3) RESEARCH FINDINGS In general, horizontal equity has being kept some extent but, vertical equity has hardly been followed. 2. RESULTS The Seoul’s COD was present a horizontal equity in 19.57%. And each local constituencies COD showed horizontal equity. Meanwhile, In the traditional regression model, Seoul was a inequity. In addition, the Seoul and every local constituencies in the PRD showed a regressive vertical inequity. The vertical inequity found in the Quantile Regression. 조세의 징수 목적은 국민의 기본적인 질서유지, 경제발전 및 사회적 정책 실현에 있기 때문에 매우 중요하며, 과세의 형평성이 유지되어야 조세납부 거부가 없어진다. 이러한 측면에서 서울시의 과세평가 형평성을 검정해 보았다. 그 결과, 평가비율은 평균 64% 수준이었으며, 구별 평가비율은 서울시 전체에 비해 ±10%의 편차를 보였다. 서울시 전체에 대한 COD는 19.57%로 수평적 형평성이 존재하였으며, 구(區)별 COD는 25개 구 중에서 19개 구가 수평적 형평성을 보였다. 한편, 전통적 회귀분석 모형에 의한 수직적 형평성 검정에서는 서울시 전체가 PF, Cheng, Bell 모형 모두에서 불형평성이 나타났다. PRD에서도 서울시와 모든 구(區)가 역진적인 수직적 불형평성을 보였다. 분회귀분석에서는 PF, Cheng, Bell모형에서 25~50%분위와 90~100%분위에서 공통적으로 누진적인 수직적 불형평성이 나타났다. 그리고 0~10%분위에서는 PF모형이 역진적 수직적 불형평성을 보인 반면, 25~50%분위에서는 Cheng모형에서만 수직적 불형평성이 나타났다. 이와 같이 전반적으로 수평적 형평성은 존재하였으나, 수직적 형평성은 유지되지 않아 향후 조세정책은 수직적 형평성 달성에 비중을 두어야 할 것으로 본다.

부동산환경윤리의 이론적 고찰

윤정득(Yoon, Jung Duck),이창석(Lee, Chang Seok) 한국부동산학회 2008 不動産學報 Vol.35 No.-

1. CONTENTS (1) RESEARCH OBJECTIVES The purpose of this theoretical investigation is about environment of Real estate development dealers there is to raising the necessity which will have a view of the world and the real estate ethics. (2) RESEARCH METHOD This study was focused on literature researched relates with a real estate environment and a real estate ethics of domestic and foreign relation dissertation and research book etc. (3) RESEARCH RESULTS The real estate development etc. real estate activity which considers the triangular position and an environment of the real estate ethical views is coming to do from Western advancement country. Was late but, we environmental consequence raising real estate and the preparation of the practical subject for this practices is urgent. 2. RESULTS This study offers goods and the service which are supplied from real estate environment with the important factor from economic activity territory the place is doing from ordinary. The real estate is relating today in wherever. The politic determinist who relates with real estate industry because like that and joins in and the development dealers concerned must be having the ethical views which is basic. Like that to case with damage of environment will join in and there is a possibility which will fall into to occupational feeling of helplessness. That what there is a ground the decision-making where the view of the world which recognizes the real estate environment.

부동산개발업과 부동산윤리에 관한 일고

윤정득(Yoon, Jung Duck),이창석(Lee, Chang Suck) 한국부동산학회 2009 不動産學報 Vol.36 No.-

1. CONTENTS (1) RESEARCH OBJECTIVES In this article, I willing to present several problem of real estate development business. and I will refer to the reason why the real estate ethics is necessary with this character. Also, I'll present the expectation effect (2) RESEARCH METHOD This study was focused on present problem and necessity of real estate ethics to the real estate business. With the consequence, I made use of the previous articles and Ministry of Land, Transport and Maritime Affairs data and statistical data and so on. (3) RESEARCH FINDINGS The problem which appears with Our country's real estate development business and developer is following. First, Small and jumbled up close together of the developer who the professionalism is insufficient. Second, the consumer damage augmentation in compliance with a false ㆍlie advertisement. Third, business structure which depends on the construction company. Forth, if legitimate, spread any acts is good mind-set for profit pursuit. 2. RESULTS It is almost impossible to treat all ethical situation with the arrest system of rule and regulation in real estate development business. Therefore, It will be necessary attitude which considers the result of conduct from the ethical side of each person who engages real estate development business. 3. KEY WORDS moral management, real estate development, business, real estate ethics

피담보채권 확정 전 채권이전과 피담보채권 확정 후 근저당권이전등기에 관한 연구

윤정득(Yoon, Jung Duck),이현정(Lee, Hyunjeong) 韓國不動産學會 2014 不動産學報 Vol.56 No.-

1. CONTENTS (1) RESEARCH OBJECTIVES This research is to explore the perfection of a security interest in real property. In doing so, the relevant legal codes in both civil law and property law are examined to investigate the disparate provisions of the applicable code. (2) RESEARCH METHOD The main method adopted in this research includes the analysis of substantive cases as well as a codified set of laws. (3) RESEARCH FINDINGS Since perfection of a security interest is highly advised and commonly arises, it's of importance to record security interest against a designated real property. In doing so, a security interest is registered, and it wouldn't be granted or take effect until notice is given to a property owner or often to a relevant third party. The aforementioned provisions aren't stated in civil law, so it's not feasible to check whether the particular real property is encumbered or not, which fails the lodgment of a security interest. 2. RESULTS The research findings address legal flaws in secured lending, and make suggestions as follows: Firstly, civil law acknowledges that registration of security interests in asset based lending is in effect permitted immediately after a debtor is informed. Secondly, the rights of a creditor cant be transferred until notice of the assignment is given. Therefore, it's significant that details in registration are adquately recorded in order to enforce the rights of real property in an appropriate fashion that prevents a legal malpractice claim.

고령자주택단지의 특성요인이 입주가격에 미치는 영향에 관한 연구

윤정득(Jung-Duck Yoon),조주현(Joo-Hyun Cho) 한국주택학회 2007 주택연구 Vol.15 No.2

  Markets size of Retirement Community has been small but graying is marched forward and ageds who equip fixed income level secure after retirement and necessity of study of this field will be brought by augmentation of new supply by require of Retirement Community that equip independent habitat.<BR>  Purpose of this study how have validity as is realized that a month"s utilization fee of Retirement Community, occupancy form (sale or lease, composition), facility operation prepayment fee, same time operation of Nursing Home, outside use open of subsidiary facilities etc. that is positive in occupancy price of Retirement Community that is Price Critical Factor of Retirement Community distinguished from the general house price and it is analyzes actual proof.<BR>  Variables except D₁ and D₁FACILOPEN were construed statistically in significance level 5% among analysis result D₁, D₃, FACILFEE, D₁FACILOPEN, D₁HOSPICONNECT, D₁PARK, D₁MEDITREAT. Each elastic or inelastic react to direction of plus(+) than other variable when operate connection with under the influence of general hospital about which get Retirement Community decision factor of occupancy amount of money per Pyeong(3.3㎡) of Retirement Community and when utilization fee is more than 1,500,000 won, the park recedes in 500m while there are inelastic react that to direction of minus(-) at as a lot of facility operation prepayment fee, when operates by sale form or operates only by lease style, and subsidiary facilities as do open operation for ordinary person.   서울ㆍ경기지역에 소재하는 12개의 등록된 고령자주택단지 중 10개단지에 대한 일반주택가격에 영향을 미치는 요인과 구별되는 고령자주택단지만의 특성요인인 월이용료, 입주형태(분양ㆍ임대ㆍ복합), 시설운영선납금의 규모, 요양병원의 동시운영여부, 부대시설의 외부이용오픈여부 등이 고령자주택단지(Retirement Community)의 평당 입주금액에 얼마나 영향을 미치며, 어느 정도의 타당성을 지니는지를 그 영향을 고찰하고 실증분석을 하여보았다.<BR>  그 결과, 고령자주택단지의 평당 입주금액의 결정요인을 선정하고 이를 바탕으로 semi - logarithm(lnY=α+βX)모형의 특성가격함수(Hedonic Price Function)를 추정하는 과정을 통하여 서울ㆍ경기지역의 유료노인복지주택으로 구성된 고령자주택단지의 특성요인들이 평당 입주금액에 미치는 상대적 영향정도에 차이가 있음을 평가할 수 있었다. 특히, 종합병원과의 연계운영을 하거나 근린공원과 500m내에 위치한 곳에서 복합형으로 운영할수록 정(正)의 방향으로 평당입주금액에 영향을 미치는 것으로 분석되었다. 이는 고령자주택단지(Retirement Community)가 종합병원시설과 연계 운영하는 것과 주변에 산책을 할 수 있는 공원이 가까운 곳에 위치하는 것을 요구하는 것이 고령(高齡)의 소비자들이 더욱 요구하는 요인이기 때문이다. 또한, 분양형과 임대형을 동시에 운영하는 복합형이 공실의 감소로 인한 사업의 타당성에 더욱 정(+)의 영향을 미치고 있음을 보여주었다.

상가 매각가율 영향요인에 관한 연구

윤정득(Yoon, Jung Duck) 한국부동산학회 2012 不動産學報 Vol.50 No.-

1. CONTENTS (1) RESEARCH OBJECTIVES The objectives of this study are to provide useful information to all the economic units that enter the real estate auction market so that they can get prepared and make decisions if and when such major unfavorable factors as the global financial crisis are encountered again. (2) RESEARCH METHOD Previous studies as related to real estate auction have been reviewed and multiple regression analyses on the selected samples have been performed by utilizing the court auction information from the Supreme Court. (3) RESEARCH FINDINGS Verification results have been made available with regard to the characteristic factors and the significant variables that influence the selling price ratio in the auction market of shopping malls before and after the global financial crisis. 2. RESULTS First, selling characteristic factors like appraised value, number of auctions, etc. have influenced the selling price ratio in the same direction before and after the global financial crisis. Second, before the global financial crisis, the CD profit ratio of 'economic indicator characteristic factor' has influenced the selling price ratio in the negative (-) direction, but both the exchange rate and the dishonored bill rate have influenced it in the positive (+) direction. However, after the global financial crisis, the CD profit ratio has influenced the selling price ratio in the positive direction but both the exchange rate and the dishonored bill rate have turned out to influence it in the negative direction. Third, it has been verified that before the global financial crisis, the Gangnam area has influenced the selling price ratio more, whereas after the financial crisis, other areas excluding the Gangnam area have been verified to influence it more. Finally, the significant variables that have influenced the selling price ratio before and after the global financial crisis are not the same.

집합건물의 소유 및 관리 효율성을 위한 법적 쟁점

윤정득(Yoon, Jung Duck),이현정(Lee, Hyun Jeong) 한국부동산학회 2011 不動産學報 Vol.46 No.-

1. CONTENTS (1) RESEARCH OBJECTIVES The purposes of this research are to examine the ownership and management of multi-unit buildings in the legal context, to address practical issues for effective and efficient management, and to propose corrective legal measures. (2) RESEARCH METHOD This study utilized content analysis to meet the research goals. With the literature review on relevant laws, regulations, rules in such advanced economic countries as Japan, USA, and Germany, this qualitetive research analyzed the structural features of legislations on multi-unit buildings, and also it compared the contextual aspects of their ownership and management in order to draw UP proactive approaches to the efficient management. (3) RESEARCH FINDINGS The research indicated two legal issues confronting multi-unit buildings ownership and management. In fact, the current laws, “Law on Ownership and Management of Multi-unit Buildings” and “Civil Law,” specify the leasehold right of multi-unit buildings inconsistent with the land use right, so that the flaw limits the property rights of owners. Also, it’s found that the legal requirement for the management of multi-unit buildings is based on the number of units instead of gross Door area. Training programs for on-site housing managers and homeowners’ association that are arbitrary under the current legislation should be mandatory to foster adequate and sufficient management. It’s necessary to enable tenants to participate in management. Besides, management modes in multi-unit buildings will not be selected until half of the entire households move in. To resolve this concern, the law heightens the continuity of management agents (from move-in to occupancy phases). 2. RESULTS This research implies that the management of multi-unit buildings requires more professionalization to provide the efficiency and effectiveness of the management. The current legislations need to be revised in order to clarify legal requirements of professional management, long range maintenance plans and long term reserve funds.

도시재생사업의 PFV 방식 시행방안

윤정득 ( Jung Duck Yoon ),윤동건 ( Dong Gun Yoon ) 한국감정평가학회 2010 감정평가학논집 Vol.9 No.2

In order to study implementation plans for urban regeneration project of special purpose corporation, this study has analyzed first the concept of the urban regeneration and the contents of its project. The purpose of this study is to identify the concept, necessity, and problems found in financing and project method of the special purpose society. Through this process, the study ultimately examined the application plan of PFV method which is one of the SPC methods that is used in carrying out urban regeneration project. From this process expected effects and implementation plans were drawn out. In chapter 2, the concept and necessity of urban regeneration, and types and problems of urban regeneration project were examined. In chapter 3, SPC concept which is the essential theory in conducting urban regeneration project, financing of SPC, problems in conducting project in SPC method were analyzed. In chapter 4, application of PFV method which is a new type of special purpose corporation in urban regeneration project was examined. For this, first of all, the study suggested in details the basic concept of PFV, conditions for its establishment, and project operation procedures. The study also suggests expected effects, improvements and operation plan when introducing PFV method in urban regeneration project. In chapter 5, the actual benefit coming from the application of PFV method was suggested, and along with that the limitations of the study were mentioned. In conclusion, it seems that there should be establishment and revision of the system so as to accomplish the anticipated goals of preventing project delays, securing transparency of project, and securing of publicity for smooth processing of the projects which could be seen in the course of carrying of urban regeneration project by special purpose corporation.

지목체계의 효율적 개선방안에 관한 연구

윤정득(Yoon, Jung Duck),이현정(Lee, Hyunjeong),윤동건(Yoon, Dong Gun),서철수(Seo, Chul Sue) 한국지적학회 2009 한국지적학회지 Vol.25 No.2

본 연구는 부동산의 2차원 지표공간을 기준으로 설정되는 공부(公簿)상의 필지별 법정지목과 사실상의 현실 지목(地目)이 불일치하는 원인을 지적하고 그 개선방안을 제시하는데 그 목적이 있다. 현행 「지적법」상 지목은 28개로 규정되어 있으나 실제 토지이용현황 즉, 토지의 주된 사용목적 또는 용도와 불일치한다. 이에 관련 논문 등을 통하여 이론을 정리하였으며, 사실상의 토지이용과 공부상의 법정지목간 불일치를 실증하기위하여 지리적 범위를 도심(서초구와 강남구)과 교외(남양주)로 구분하였다. 이들 지역은 2007년 공시지가자료에 의한 그 불일치의 정도를 교차분석을 통하여 살펴보았다. 또한, 공부상의 지목과 토지이용현황의 불일치하는 원인을 법률에 근거하여 살펴보았으며, 지목제도를 시행하고 있는 일본과 대만, 독일의 지목을 한국과 비교·분석함으로써 우리나라 지목체계의 정비 및 특별법 제정을 통한 법정지목과 실제지목의 부합을 위한 개선방향을 제안하였다. 궁극적으로 지목법정주의·일필일목의 원칙·주지목추종의 원칙에 근거한 실제지목과 법정지목을 일치시키기 위한 용어정의 재정립, 장·단기적인 지목일치방안으로 지목체계의 세분화를 제시하였다. 이는 지목관련 행정업무의 효율성 및 토지과세의 형평성 제고를 가져올 것이며, 거시적으로는 전국의 효율적 토지 관리와 소유권 보호에 이바지할 것으로 본다. The purpose of this study is to describe the current cadastre, to draw up its cadastral discrepancy and to address the marketability resulting from the defect. To achieve the research goal, the data were drawn from current cadastral system that were placed in the public record of central cities (Seocho and Gangnam districts of Seoul) and a suburban area (Namyangju) and those that were conveyed. With the content analysis and an inferential statistical method, land value publicly appraised in 2007 were examined, and the Korean system was compared to the systems of economically advanced countries. The results indicate that the current cadastral system of land surveying was similar to the Japanese system, and the land use classification was too simple to satisfy the modern real estate market. It is suggested that the ramification be various to reflect the dynamics of real estate market.