Making out a dual contract in a real estate transaction has been customary in Korean society for decades. It is problematic because it causes unfair taxation like tax evasion, facilitates real estate speculation, and makes real estate transaction more...
Making out a dual contract in a real estate transaction has been customary in Korean society for decades. It is problematic because it causes unfair taxation like tax evasion, facilitates real estate speculation, and makes real estate transaction more untransparent. Therefore, on June 30th, 2005 the Real Estate Actual Transaction Price Registration System was passed by Parliament into Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act. which took effect on January 1st, 2006. However, even after the Act went into effect, the customary practice of making out a dual contract has not been eradicated. Therefore, this study discussed ways of improving the efficiency of the system.
This study made a theoretical examination of the system though related literature and legal regulations. After that, it investigated the content of the current Actual Transaction Price Verification System through related books and materials, and then examined the conditions and features of transactions through empirical materials announced by Ministry of Land, Transport and Maritime Affairs. In addition, a survey was conducted by visiting or sending e-mail to those who had real experience of the system. On the basis of the collected data, problems with the system were analyzed and some suggestions were made for the improvement of the efficiency of the system.
To begin with, suggestions were made regarding the operation of the system. First, if the system takes root, parties to the transaction, especially the purchaser will be obliged to register the transaction, instead of the agent who has been required to do. The agent should be allowed to register the transaction only when the parties entrust the registration duty. Second, the registration of transaction by the agent or assistant agent should not be allowed in registration online. They should be required to perform in-person registration. Third, the current complicated online registration program should be improved and simplified to allow those who have little knowledge of the Internet like the elderly to use online registration easily.
Next, suggestions were made for the improvement of the efficiency of the system. First, workers in charge of the system-related investigations should be increased in municipal governments. In addition, investigation techniques and manuals need to be developed to verify real estate transactions better. Second, in order to acquire representative cases of real estate transactions, efforts should be made to enhance the real estate information system and make the database more diversified and standardized. Third, though the home pages of the government department and real estate agent association, the system should be aggressively publicized.
In conclusion, it is hoped that suggestions made in this study will make up for the deficiencies of the system, contributing to eradicating the conventional practice of making out a dual contract and securing transparent real estate trade.