不動産市場의 透明性提高및 去來의 安全網 構築 方案에 관한 硏究 : 미국의 ESCROW制度 導入을 中心으로

다국어 초록 (Multilingual Abstract)

This study was conducted to inquire into changes in the real estate distribution market in Korea by classifying them into a domestic and an overseas stage. The local and foreign economic environment is now undergoing a rapid restructuring process in transition period by dint of its globalization and open-door policy. In order to efficiently cope with this epochal changes in the economic conditions, it is required that real estate transactions should be carried out in integrity and safety. The firm establishment of a stable real estate transaction order in the real estate distribution market is expected to be of much help to the protection of the civil rights of the people on one side and on the other to the foundation of a global economic activity standard which would contribute to the development of national economic development. For that purpose, this study raised a few issues related to stable real estate transactions in the real estate market and proposed alternatives to the settlement of them.
A synthetic review of the flow of the real estate market in Korea by stages indicates at its initial stage that the vision of land was degenerated from a conventional farmland concept to a property increase one in the rough tide of industrialization posterior to the nineteen sixties and in addition to it the overheated speculative enthusiasm for real estate transactions raised a serious social problem as an ill even ruinous to the state.
At the second stage, the world economy has been switched to a WTO (World Trade Organization) system, an unlimited-competition-centered single market competition system, brought about a great change in the real estate market environment since 1995. It seems that this phenomenon drove the real estate transaction market to be confronted with a stagnated period. The real estate transaction market after the IMF (International Monetary Fund) foreign exchange crisis showed an assets deflation feature, along with integrating the financial market and the real estate market into one.
As aforementioned, changes in the distribution structure of the real estate market urge us to facilitate the maintenance and modernization of the real estate distribution market. In consequence, in order for us to settle such a transaction order as can secure in it integrity, stability and fairness in the real estate market, we need to establish an exclusive brokerage contract system, through which the popularization of real estate brokerage contracts should be induced. Furthermore, launching a real estate transaction information network is presumed to save real estate transaction cost and enhance the efficiency of real estate transactions. For that purpose, it is necessitated to precisely open to the public brokerage information on real estate brokerage objects. Moreover, it is also recommended to introduce and extend such a system as Escrow and Title Insurance Company, etc. that are currently carried out as a preliminary safety device in the United States to secure safety. For the purpose of institutionally settle it, this study proposed NESS (New Escrow Service System) and TBC (Title Bank Company) and so forth. For that purpose, it would be a prerequisite for the policy-making authorities to boldly providing incentive motivation.

목차 (Table of Contents)

• 第1章 序論 = 1
• 第1節 연구의 목적과 필요성 = 1
• 第2節 연구 범위 및 방법 = 11
• 第2章 不動産 市場의 問題點 = 12
• 第1節 우리나라의 不動産 去來制度 = 12
• 第2節 不動産 仲介業法과 不動産市場 = 14
• 1. 紹介營業法 = 14
• 2. 不動産 仲介業法의 制定 = 15
• 3. 不動産 仲介業法과 不動産 去來市場 = 17
• 第3節 부동산시장의 變化 = 21
• 1. 産業化와 부동산 시장의 變化 = 21
• 2. 外換危機 이후의 부동산 시장 變化의 特徵 = 21
• 第4節 不動産市場 變動의 문제점 = 24
• 1. 不動産 市場의 安全性에 따르는 문제점 = 25
• 2. 不動産 去來關聯 서비스業 발달의 低調 = 28
• 第3章 透明한 不動産 市場 造成 = 29
• 第1節 去來契約 締結과 履行 = 29
• 1. 去來契約의 締結段階 = 29
• 2. 去來契約의 履行段階 = 31
• 第2節 檢印契約書 = 32
• 第3節 專屬 仲介契約과 標準契約書 = 35
• 1. 仲介契約 = 35
• 2. 專屬仲介契約과 標準契約書 = 36
• 第4節 不動産去來 정보망 = 39
• 1. 不動産去來 정보망 = 39
• 2. 不動産去來 정보망의 기능 = 41
• 第4章 安全한 不動産 市場 造成 = 42
• 第1節 ESCROW = 42
• 1. 에스크로의 定義와 그 중요성 = 42
• 2. 權原保險(TILE INSURANCE) = 49
• 3. 에스크로 회사 = 56
• 第2節 ESCROW(에스크로) 擴大 도입 = 69
• 1. 부동산 매매 등의 거래계약과 안전성 = 69
• 2. 假稱 '신객주체'(NESS; New Escrow Service System) = 72
• 第3節 부동산 權原保證保險 = 74
• 1. 권원보험(Title Insurance)과 Escrow = 74
• 2. 假稱 '權原은행회사'(TBC; Title Bank Company) = 75
• 3. 새로운 시장질서와 새로운 시장 환경설정 = 76
• 4. 부동산 중개업 현황 = 77
• 第5章 結論 = 95
• <參考文獻> = 101
• = 104
• <부동산거래시장 실태조사를 위한 질문지> = 107