부동산실명제와 토지정책의 개선방안 = The System on Real Estate Purchase in Its Substantial Possessor's Name and Betterments in Land Policy

다국어 초록 (Multilingual Abstract)

The system on real estate purchase in its substantial possessor's name(hereinafter referred to as 'the system'), which been in practice since July in 1995, was made without any considerate preparations for the expected changes in the future. In addition, the contents of the Act on real estate purchase in its substantial possepossor's name(hereinafter referred to as 'the law') imply a number of theoritical inconsistant points and have many problems in that it treats the people as potential lawbreakers and the punishment on them is too severe. Its severeness lies in our realities that while the supreme court has admitted the nominal trust in the form of cases and the people have put confidence in such attitudes of law, they now have to take overweighted burden of criminal punishments and surcharges by the law, which emerged all of a sudden.
Thus, it is uncertain that the system will take its effect in a true sense. However, once it is enforced, even a bad law comes to have a legal force as all the previous ones did. In this respect, it is probable that the law will take its effect to control speculations in a considerable degree due to the burden of its compelling power. But it will not be able to stop all the elements of speculations. Thus, complementary steps of the following should be taken so as to achieve the original purpose of the law.
It is certain that the system is a task to be operated at a national level depending on the justice in economy. Its success necessarily requires a comprehensive and skilled prescription based on a perfect diagnosis. And such a perfect diagnosis should also consider the most fundamental assumptions on understanding about human nature and the people's feeling on law. Human beings pursue freedom and equality by nature. So every system and law are able to take their effects only when they correspond to the people's feeling on them. Therefore, most of all, the law should take its prescription when it corresponds to the people's feeling on laws, and at the same time can secure their freedom and equality which are intrinsic to human rights. The reason is that any law will not be observed naturally if it violates the people's feeling on laws through the restriction of human freedom and loss social equity.
Furthermore, all the regulations related to real estate should follow the proper steps to secure people's voluntary use of land at maximum. To accomplish such an idea, a use-oriented development policy should be carried out for an active land supply. A balanced development should be also performed in regions, towns and countries. All the development subjects should keep in mind the idea that an adequate harmony between and environment can bring people's voluntary use of land in a true sense. Thus, a comprehensive strategy to harmonize development with environment should be devised.
The policies presented above should be practiced efficiently based on such a comprehensive strategy, which include a consistent execution in land price control, an arrangement of taxation related to real estate centering on the coordinated land tax, a cutting off of money leak to secure the effect of the system, and an establishment of the system on substantial investigation into registrations. In addition, the system of land-computerization-network, which has been in practice since February in 1995, should be operated efficiently. Only after these political problems are solved, the adhesive social evil of illegal speculations san be cured and the substantial possessor-oriented land use culture will be settled down. This means the realization of justice in economy and stabilization in land price will bring the reduction of production cost, and will consequently result in the enhancement of national competitivity. This is just the way we are able to actualize the original purports of the system.

목차 (Table of Contents)

• Ⅰ. 서 론
• Ⅱ. 부동산실명제와 부동산시장
• 1.
• 2. 부동산시장
• Ⅲ. 부동산실명제 실시에 따른 부동산시장의 변화 전망
• 1. 종합적 장·단기 전망
• 2. 부문별 전망
• Ⅳ. 부동산실명제에 따른 토지정책 방향
• 1. 종합적 국토균형개발 정책과 적극적 환경보전대책의 조화
• 2. 기존 토지정책의 전향적 개선
• 3. 지가억제정책의 지속적 추진
• 4. 부동산세제의 정비 및 토지정보체계 수립
• 5. 부동산실명제의 실효성 담보를 위한 자금 흐름의 차단
• 6. 부동산등기실질심사제의 도입
• 7. 토지공급의 지속적 확대
• Ⅴ. 결 론
• 참고문헌