土地信託制度의 改善方案에 관한 硏究

다국어 초록 (Multilingual Abstract)

It seems that the land problem in Korea is to be short-supply chronically, to arouse the increase of Land price and to drop the efficiency of land usage, due to become the more land than suitable quantity as reserved demand by its demand for asserts. To solve the prolbem, I study in this thesis the reforning measures of the Land Trust System which may sublimate the land's function of asserts and highten the efficiency of land usage.
Before discussing these measures, I examinethe problems of LTS, deviding as the conflict in the detail process, non-efficiency in the business. institutional interia and immature social circumstances. The reforming measures I studied are as followed :
1. Increasing efficiency of land-trust
First, I expect attenvard the land trust be active, because that there are many phenomena to nake activate the land-trust, such as :
(1) changing landowner's conscousness "from possession to as"
(2) various aspects to use land
(3) increased aethods for common trust
(4) broadening regions of object for land-trust business
(5) urban redevelopment and application to land classification
Second, we get a form that monetery facilities are wholly responsible for the entrusting business and special companies like construction cooperate with thein on the other business. For expend neasures of practice. we at first realize businesses simple, but able to have big demonstration effect, and expend increassingly to ones complex and large-scaled.
Thirs, it is recently problemid that the land-credit functions as a financial goods according to enlarged introduction of land-publicity concept. Introducing land-stock system like land-movement credit, therefore, we make effects such as deviding the use from possession by the market's hand and giving investing means to minor stackers.
2. Supplying the laws
LTS is the system to stimulate application to landowners by mediation of private code relationship of trust. In order to fix it as soon as possible, it is necessary to arrange and support legally, such as :
First, the trust law in korea has a financial feature focusing on money-trust, but land-trust differs from it. So that we need to reform and supplement fo the law adjusted by land-trust.
Second, we should add the benefit right of land-trust into the categories of nation-or public-owend profits, "trust" into selling aspects on other profits, record land among the objects to trust and clarify its procedure, free contract and supervision on entrusters.
Third, in order to promote the development according to land-trust, economic incentive and disincentive measure in tax system are required.
Fourth, we need to lose approving condition of the limit of constructing numbers, to reestablish the applicable standard according to developing aspects and land-sorts, and to reconsider for lenting period and fee.
Fifth, we need to set codes written like lengthening the period for the withdrawing right with respect to protect beneficieny and forbiding to sell the original document of trust scribed by the persons concerned.
3. Reforming the policing conditions
First, in order to activate the LTS< we presume the spontaneous participation of landowner, and the aim to possess land should change from persuiting transfer income to business income. We should lead the landowner to participate through tax system, financial aid and economic incentive and disincentive measures.
Second, for a smooth process, we need to establish for breeding neasures such as loosing diverse bans, treating preferentially and giving entruster the subjective position in developing business, and to strengthen the propagenda for land-trust.
Third, for a successive fixation, we need to set up a suitable situations for trusting bank to get sufficient benefict.

목차 (Table of Contents)

• 目次 = 0
• 第1章 序論 = 1
• 第1節 硏究의 目的 = 1
• 第2節 硏究의 範圍 및 方法 = 2
• 第2章 土地信託制度의 理論的 = 4
• 第1節 土地 信託制度의 槪念 = 4
• Ⅰ. 信託制度 = 4
• Ⅱ. 不動産 信託制度 = 8
• Ⅲ. 土地 信託制度 = 10
• 第2節 土地 信託制度의 種類와 構造 = 12
• Ⅰ. 管理型 土地信託 = 13
• Ⅱ. 貨貸型 土地信託 = 13
• Ⅲ. 分型 土地信託 = 20
• Ⅳ. 混合型 土地信託 = 23
• 第3節 土地 信託制度의 導入背景과 社會的 效果 및 限界 = 29
• Ⅰ. 土地 信託制度의 特色 = 29
• Ⅱ. 土地 信託制度의 利點 = 30
• Ⅲ. 土地 信託制度의 社會的 效果 = 32
• Ⅳ. 土地 信託制度의 限界 = 33
• 第3章 土地 信託制度의 現實的 近 = 35
• 第1節 土地 信託制度의 細部處理方法 = 35
• Ⅰ. 信託 土地의 事前調査 = 35
• Ⅱ. 土地 信託契約 = 39
• Ⅲ. 信託財産의 評價 = 41
• Ⅳ. 土地 信託終了時의 處理 = 44
• 第2節 土地 信託制度의 現況 = 51
• Ⅰ. 土地 信託의 事例 = 51
• Ⅱ. 不動産 信託의 現況 = 53
• Ⅲ. 土地 信託과 稅制 = 56
• 第3節 日本의 土地信託制度 = 64
• Ⅰ. 土地 信託制度의 變遷 = 64
• Ⅱ. 土地 信託制度의 現況 = 66
• Ⅲ. 土地 信託의 事例 = 68
• 第4章 土地 信託制度의 問制點 및 改善方案 = 72
• 第1節 土地 信託制度의 問題點 = 72
• Ⅰ. 細部處理過程上의 衝 = 72
• Ⅱ. 事業上의 非效率性 = 74
• Ⅲ. 制度上의 未備 = 77
• Ⅳ. 社會的 與件의 未成熟 = 81
• 第2節 土地信託制度의 改善方案 = 84
• Ⅰ. 土地信託의 效率性 提高 = 84
• Ⅱ. 法制度의 補完 = 93
• Ⅲ. 政策環境의 改善 = 101
• 第5章 結論 = 107
• 參考文獻 = 112
• 英文抄錄 = 119