부동산중개업법 제9차개정(안)의 이상과 현실

서진형(Seo jin Hyoung) 한국부동산법학회 2005 不動産法學 Vol.12 No.-

The essential features of the real estate brokerage law preliminary announced on September 26th, 2003, are to prohibit writing a double contract, which has been the reason of real estate speculation and tax evasion and to lead a real estate broker to report the contents of a transaction contract to the authorities concerned on the basis of the actual transaction price. Although the government has an understandable purpose for the revision, there are several aspects resulted from not considering the reality in the excess of ideal opinions. Therefore, this thesis aims at identifying the issues and problems cased by the revision and presenting solutions. First, it cannot become a fundamental solution to impose the obligation to file the actual transaction price only upon a broker. In other words, a relying party to a transaction should be bound in duty to give notification. Second, when holding auction and public auction, everyone is allowed to stand proxy for requesting purchase in principle. Therefore, bidding proxy, which has been given only to judicial scriveners and lawyers in an attempt to bring an auction service into the open and to increase people's benefits, also has to be granted to a broker. Third, when a broker conducts transactions with relying parties such as a seller and a lessor, he should be obliged to put their registered seal to a document. Since confirming authenticity or possibility of forgery with a seal impression certificate is an impracticable proposition, it should not become institutionalized. Finally, in order to settle these issues and problems and to realize the government's objective on the plan, it is required to establish an environment where a real estate broker can lead a property market to boost and the transaction system to become transparent. Moreover, people's burdens should become minimized through the tax rate adjustment of real estate taxes and the unification of an assessment standard.

부동산거래정보망의 서비스품질과 만족도 및 재이용의도에 관한 연구

서진형(Seo, Jin Hyeong),이광균(Lee, Kwang Kyun) 한국부동산학회 2011 不動産學報 Vol.44 No.-

1. CONTENTS (1) RESEARCH OBJECTIVES This study aims at surveying factors for service quality and satisfaction to them to find out discontent factors while analyzing whether or not satisfaction affects the reuse intention in the real estate transaction and information network. Improvements and implications for the real estate transaction and information network are suggested through this study. (2) RESEARCH METHOD This study adopted the research on literature with the empirical study in parallel. Questionnaires were processed with the use of a statistical analysis program SPSS and the exploratory factor analysis with confidence analysis was done to test the validity of variables. The correlation was analyzed for factors in service quality, the multiple regression analysis was done for satisfaction for factors in service quality, and the regression analysis was carried out for satisfaction and reuse intention. (3) RESEARCH FINDINGS Brokers considered that transactions could not be concluded due to no active information exchange among brokers in the existing transaction and information network In addition, they were regretful for no consumer advertisement, through which it could be confirmed that they wanted the connectivity with portal sites. It could be confirmed that the satisfaction from services in the transaction and information network could be higher with higher convenience, information, interoperability and efficiency for factors in service quality. Although the analytical results on influences for the reuse intention were significant if they are satisfied for service quality, the degree of satisfaction affecting the reuse intention was seemingly weak. 2. RESULTS The influence on the reuse intention from the satisfaction from real estate transaction and information network appeared to be minor. This seems to be caused because their discontent to the current transaction and information network is great. It seems necessary to reduce any psychological discontent to the existing transaction and information network along with improvements on service quality in order to improve the transaction and information network.

공인중개사의 실무교육과 전문성 인식이 직무만족에 미치는 영향

서진형(Seo, Jin Hyeong),채현길(Chae, Hyun Gil) 대한부동산학회 2020 大韓不動産學會誌 Vol.38 No.2

본 연구는 의무교육을 받은 공인중개사를 대상으로 실무교육과 전문성 인식 요인을 도출하고 이에 대한 공인중개사의 직무만족을 설명하는 가설적 모형을 구축하여 검증하는데 목적이 있다. 이러한 연구의 목적을 달성하기 위해 서울지역 공인중개사로 2020년 2월 10일∼27일까지 한국공인중개사협회에서 실시한 실무교육 교육생 332명을 대상으로 직무만족에 미치는 영향을 통계적으로 분석하였다. 공인중개사의 실무교육과 전문성 인식을 각각 독립변수로 선정하고, 직무만족을 종속변수로 채택하여 회귀분석을 실시한 결과 유의한 영향력을 미치는 것으로 분석되었다. 따라서 공인중개사가 실무교육을 통해 직무에 만족도를 높이기 위해서는 교육기관에서 교육생들이 실무교육의 중요성을 인식하고 중개업에 대한 이해도를 제고하여 적극적으로 교육에 임할 수 있도록 하고, 다른 공인중개사와의 교류를 통한 부동산정보와 현장정보 등을 얻을 수 있도록 교육을 운영하고 홍보하여야 할 것이다. 또한, 공인중개사가 전문성 제고를 통한 직무만족을 위해서는 부동산중개업에 필요한 전문지식과 전문기술, 중개업무 이해, 전문적인 중개비스 등에 대해 실무교육의 중점을 두고 현장 중심의 과목구성과 현장 중심의 중개실무를 습득할 수 있도록 실무교육을 운영하여야 할 것이다. This study is to derive the factors of practical education and professionalism perception of real estate agents who have taken practical education, and to establish a hypothetical model to their job satisfaction and verify it. To fulfill the object of the study, I statistically analyzed the relationship of practical education of realtors and job satisfaction by collecting data of 132 trainees taking KAR(Korea Association of Realtors)’practical education courses from 10th of February to 27th of Feb in 2020. As a result of performing regression analysis by setting the practical training and professionalism perception as independent variables and job satisfaction as dependent variables, it was found that there is a significant influence. Therefore, to enhance real estate agents’job satisfaction through practical education, educational institutions for realtors encourage trainees to be more engaged in the education by making them to recognize the importance of education and increasing their understanding of the job. Also, the institutions should operate and promote educational curriculum for trainees to obtain quality real estate information through exchanges with other realtors. Moreover, in order to achieve job satisfaction through the enhancement of professionalism, practical education needs to focus on providing the professional knowledge and expertise required for real estate brokerage services, and help realtors to acquire field-oriented brokerage practices.

주택임대료규제정책에 관한 연구

서진형(Seo, Jin Hyeong),김학환(Kim, Hack Hwan) 한국부동산법학회 2015 不動産法學 Vol.19 No.-

전･월세상한제의 확대는 일견 전세가격 상승으로 고민하는 전세입자에게 호감을 주고 전세가격 상승을 억제하는 효과가 있는 것처럼 보일 수 있다. 그러나 다음과 같은 검토의견을 반영하여 제도를 시행 하여야 할 것이다. 첫째, 전･월세상한제를 계약갱신에도 적용한다고 하면 특히 신규 전세계약을 체결하는 임대인 입장에서는 증액 제한 폭을 고려하여 전･월세가격을 정하려고 할 것이므로 전･월세가격이 급등할 우려도 있다. 둘째, 부유한 전세입자까지 약자로서 보호하는 결과를 초래하는 전･월세상한제는 형평에 반하기 때문에 이 문제를 해결하려면 전･월세상한제의 적용대상과 범위를 설정하여야 제한하여야 한다. 셋째, 전세의 공급이 부족한 상태에서 임대인에게 전세를 유도할 수 있는 인센티브를 부여하기 보다는 상한제에 의한 규제를 확대하다면 전세를 월세로 전환하는 구조적 변환이 가속될 수 있다. 그렇게 되면 오히려 전세난이 가중될 수 있을 것이다. 넷째, 임대차 기간 중 물가상승률이나 조세부담증가 등이 차임인상률 보다 높을 경우에는 임대인의 재산권 행사나 영업의 자유에 대한 과도한 제한이 될 수 있다. 따라서 주택임대료규제정책의 일환인 전･월세상한제를 확대 적용하는 것은 부동산시장 상황, 법리적 측면, 국민정서 등을 충분히 고려하여 바람직한 정책방향을 설정하여야 할 것이다. The expansion of limitation of upper fee of lease on a deposit basis or monthly rent might seem to have a favorable impression effect to tenants who concern about the increase and control of rent. However, the system needs to be implemented by reflecting the following examination opinions. First, if the limitation of upper fee of lease on a deposit basis or monthly rent is applied to the renewal of contract, there might be a possibility of jump of rent as a lessor, especially when they make a new lease agreement and wants to decide the rent considering the limitation of increase of rent. Second, as the limitation of upper fee of lease on a deposit basis or monthly rent brings result of protecting rich lessee as the week as well, in order to solve this problem, the subject and scope of application of limitation of upper rent should be determined before it is applied. Third, in the current situation that the supply of lease is not sufficient, the expansion of the restriction through the limitation of upper rent rather than giving incentives which can induce lessor to supply leases, it might boost the conversion of structure that the lease on a deposit basis is changed to monthly rent. In this case, it might even aggravate the difficulty of finding a lease on a deposit basis. Fourth, if the inflation rate or increase of tax burden is higher than the increase of rent during the lease period, it might be an excessive limit on the exercise of property right or liberty of business of a lessor. Therefore, extended application of the limitation of upper fee of lease on a deposit basis or monthly rent should be sufficiently conducted according to the desirable direction of policy established by considering the situation of real estate market, juridical aspect, national emotion, etc.

월･전세 전환배율의 적정성 검토 및 개선방안에 관한 연구

서진형(Seo, Jin Hyeong),권대중(Kwon, Dae Jung) 대한부동산학회 2016 大韓不動産學會誌 Vol.34 No.1

본 연구는 최근 금리의 급속한 하락으로 전세가 월세로 전환됨에 따라 전세공급은 감소하고, 월세공급이 증가하고 있다. 이러한 상황에서 전세로 인한 중개보수와 월세로 인한 중개보수의 불균형 현상이 나타나고 이를 해소하기 위한 방안을 모색하였다. 우선 금리적용에서는 한국은행의 기준금리와 한국감정원의 전월세전환율에 대해 살펴본 결과, 월세×100은 기준금리 5.25%와 전월세전환율 12%를 가정한 상황에서 규정된 것이고, 현재의 기준금리 1.5%와 전월세전환율 5.6%는 예전에 비해 30% 수준이기 때문에 월전세전환배율은 조정하여야 한다. 그리고 임대차 거래금액별 월전세전환배율에 따른 중개보수의 차이로 현재의 0.4%~0.5%의 전월세전환율에서는 적정한 월전세 전환배율이 ×200이 적정 수준이다. 지금까지 기준금리, 전월세전환율, 적정 월･전세 전환배율, 구간별 현실적인 적정 월･전세 전환배율을 살펴본 결과, 가장 합당한 월･전세 전환배율은 ×200이다. House owners are switching from lump sum deposit system (jeonse) to monthly rent system due to recent rapid decline in interest rates, and the number of houses leased on jeonse system is decreasing and the number of houses leased on monthly rent is increasing. This led to the imbalance in the brokerage charges for the type of lease depending on the amount of transaction, and this study sought a solution for such a problem. First, for the application of the interest rate, this study examined the base rate announced by the Bank of Korea and the conversion rate for jeonse-to-monthly rent announced by Korea Appraisal Board and found that monthly rent×100 was determined based on the condition where base rate is 5.25% and the conversion rate for jeonse-to-monthly rent is 12% and that the conversion magnification rate of monthly rent and jeonse shall be adjusted as current base rate (1.5%) and the conversion rate for jeonse-to-monthly rent (5.6%) are roughly 30% of the previous rates. Also, the conversion magnification rate of monthly rent and jeonse of ×200 would be appropriate for current the conversion rate for jeonse-to-monthly rent, which is 0.4%~0.5%, due to the difference in the brokerage charges based on the conversion magnification rate of monthly rent and jeonse for lease amount. The base rate, the conversion rate for jeonse-to-monthly rent, appropriate conversion magnification rate of monthly rent and jeonse, realistic conversion magnification rate of monthly rent and jeonse in each section were examined, and the most appropriate conversion magnification rate of monthly rent and jeonse was ×200.

새만금관광지의 개발컨셉에 관한 연구

서진형(Seo, Jin Hyeong),이의종(Lee, Euy Jong) 한국부동산정책학회 2013 不動産政策硏究 Vol.14 No.1

Success of development of Maritime Tourism Estate is determined by the format and concept under which the development is pursued and what type of facilities are located within the estate. Such scope of tourism development must be accomplished by reflecting the demands of tourists and regional residents. Therefore, this Study aims to present directions for appropriate concept and balanced regional development, etc. The results of study on the development concept illustrated that the regional residents most prefer natural scenery and ecological type centered-around resort development. Regionally, Anticipation of the regional residents on creation of employment opportunities and increase in income arising from tourism development was the highest along with high level of anticipation for securing of leisure space for the regional residents. With respect to the factors to be considered in tourism development, most felt software elements such as services, image and economic feasibility to be highly important, followed by hardware elements including facilities, natural environment and surrounding environment.

새만금관광지개발에 대한 지역주민의 태도

서진형(Seo, Jin Hyeong),이의종(Lee, Euy Jong) 한국부동산정책학회 2012 不動産政策硏究 Vol.13 No.2

This study analyzed the attitude of local residents towards Saemangum tourism development. The results of the analysis displayed the following: First of all, economically, development of tourist attractions positively contributes in boosting the local economy. Second, in terms of attitude towards the ecosystem, results show that local residents believe balance in nature is the most important. Third, results showed that the local residents were well informed on the tourism development of the Saemangum area. Fourth, the sense of attachment for the region was the least important figure for the local residents. Fifth, according to the analysis on the benefit and loss of the effects of tourism development, the most important figures for benefit were creation of jobs, increase of income and increase of the total number of tourists. The most important figures for loss were increase of real estate prices, inflation, and increase in living costs. Sixth, according to the session analysis of influence to support tourism development, the positive (+) factors resulted as enhancement of environment, economic dependence, benefits of tourism development, cognitive ability, and attachment to the local society. The negative (-) factor of tourism development resulted as damage of the natural environment.

글로벌 시대의 주역

서진형(Jin-hyung Seo) 전남대학교 글로벌디아스포라연구소 2006 전남대학교 세계한상문화연구단 국제학술회의 Vol.2006 No.5

공공데이터를 활용한 점포와 오피스텔 가격결정요인 분석

서진형(Seo, Jin-Hyeong),김종삼(Kim, Jong-Sam) 대한부동산학회 2019 大韓不動産學會誌 Vol.37 No.4

This study prepares a hedonic price model estimating shops (commercial buildings) and office-tels by utilizing public data and tries to contribute to the advancement of the public announcement system for non-dwelling buildings by analyzing how various factors of price decision have influenced the price. We have extracted necessary information from public ‘big data’ (standard market price by National Tax service, Information on Registered Building Data, Land Characteristics Information of Public Land Price) by applying the analysis results of advanced research, establishing a research model and research hypothesis, and operationalizing variables. In order to prove the research hypothesis, we have prepared 12 hedonic price models for shops and office-tels in total. As the result of research, it has been shown that public individual land prices and the existence of a first (ground) floor, out of 17 independent variables, have had the greatest influence on the shop price of the first (ground) floor, while the year of use approval has been a moderately influential. On the other hand, it has been shown that as for the shop price of the basement, public individual land price and the number of stories are the most influential, while the influence of the year for use approval was the third most important variable. However, it has been found that the public individual land price has had the greatest influence on the price of office-tels, whereas the year of use approval or floor area ratio has been comparatively influential.

부동산중개업자의 일반중개계약 만족도 제고방안에 관한 연구

서진형 ( Seo Jin Hyeong ) 한국부동산학회 2012 不動産學報 Vol.50 No.-

1. CONTENTS (1) RESEARCH OBJECTIVES This study derived the factors impacting satisfaction with the open listing agreement through empirical analysis. (2) RESEARCH METHODS Regression analysis with the four factors “reliability,” “safety,” “openness,” and “timeliness,” factors that influence satisfaction with the open listing agreement, as variables and satisfaction as the dependent variable showed that reliability, safety and openness had a statistically significant influence. (3) RESEARCH FINDINGS Improving real estate agent satisfaction with the open listing agreement requires that reliability, safety and openness be improved. 2. RESULTS (1) It must me made mandatory for listing contracts to be in document form with clear records of the details and conditions of the deal. This will make clear the liabilities of the broker and client, reducing disputes. (2) Brokers must be guaranteed payment for sales. This will encourage more aggressive opening of properties up for sale, including disclosure of detailed information on properties, and will improve the transparency of transactions. For this purpose, it must be made mandatory that the brokerage charge be clearly stated in the open listing agreement. (3) The broker must be given the right to inspect the property up for sale for defects ahead of time. This will strengthen the responsibilities of the broker, and prevent disputes, contributing to transaction safety. For this purpose, it should be made possible to record the legal and physical defects in the open listing agreement of properties up for sale.