건축물 분양관리신탁제도의 개선에 관한 연구 : 사업참여자별 만족도 평가를 중심으로 = (A) study on the improvement of building sales management trust system

다국어 초록 (Multilingual Abstract)

The real estate development industry has undergone huge transition periods in foreign currency crisis in 1997 and global financial crisis in 2008. Before the IMF crisis, most were the constructors’ own projects and business structure was simple to corporate financing to constructors. However, it had a transition in which the constructors purchased land and took responsibility for permission and license. And the current structure has become more complicated in which constructors and financial institutions share risk and profit and credit reinforcement companies or real estate trust companies are intervened.

Along with more difficult and complicated development projects, purchasers have difficulties in protecting property right due to bankruptcy of contractor or constructor in the real estate business depression. In particular, since Good Morning City incident in July 2003, 8 years have passed after enactment on [Act on sales of building] to prevent any damage of purchases from advanced sales without construction permission or ownership right or from inappropriate sales advertisement.

Accordingly, it is necessary to examine if the sales management trust system secures transparency and safety in the sales of the building, helps sound development of national economy, operates as excessive regulation against the market principle in its implementation from the perspective of real estate developers.

Thus, this study had a questionnaire survey to staffs in contractors, constructors and financial institutions, who had experiences in real estate developments according to the sales management trust system and analyzed satisfaction level and its effects to figure out any improvement measure of the system.

The research foundation was set through the review of previous studies and theoretical reflection of real estate development industry, real estate trust and sales management trust system. And, the sales system of buildings and houses was compared.

The evaluation index of the sales management trust system was established, and problem cases of the system were checked. Based on those review, the satisfaction level and differences by the participants on the sales management trust system of contractors, constructors and financial institutions by means of IPA (Importance-Performance Analysis) method was analyzed and evaluated. And, multiple regression analysis was carried out on effecting factors on overall satisfaction, and factors affecting overall satisfaction were compared by the participants to extract any policy implications for improvement of the system.
The main contents of IPA per participants on system evaluation index are as below.

Matters clarified in the sales agreement, fund execution of agency agreement, construction fee payment method and term, responsible construction of constructors, breach of duty (virtual bond etc) and liquidity degeneration (depression of financial market) indexes were all located in the 1st section (expansion of the system). Accordingly, those indexes are very important, and all participants answered the need of system expansion in the sales management trust system or trust practice.

As for breach of duty (virtual bond etc), all participants were located in the 1st section (expansion of system). The contents to be expanded include the supplementation of vulnerable area to restriction of ownership such as provisional detachment or injunction to the level of [Housing Act].

Private contract criteria, resident preferential sales and restriction of monopoly were located in the 3rd section (abolition of system). It indicates all participants recognized those as excessive restrictions on the sales of buildings against the market principle.

In the next place, the study, based on the questionnaire survey, analyzed satisfaction effect factors of the sales management trust system. The main details are as follows.

Firstly, provisions for reduction of use restriction (excl. knowledge industry center and tourist accommodation), fund execution order of the agent agreement and construction fee payment method and term to constructors had been analyzed as having positive (+) satisfaction to all participants.

Secondly, the resident preferential sales system was analyzed as negative (-) satisfaction factor to all participants. As the projects under「Building Sales Act」 are not those to be protected for residential stability like housing, it needs to be improved.

Thirdly, as for the protection of the purchase which was the objective of enactment of「Building Sales Act」, constructors and financial institutions had negative (-) satisfaction which was in conflict with the matter of securing bond.

Fourthly, as for sales period (advanced sales), it was proved that tow places were not significant. However, the overall and constructors was negative (-) which means that they took advances sales for granted. Therefore, the post sales system needs the change of awareness of participants in advance.

목차 (Table of Contents)

• 제1장 서론 1
• 제1절 연구의 배경 및 목적 1
• 1. 연구의 배경 1
• 2. 연구의 목적 2
• 제2절 연구의 범위 및 방법 3
• 1. 연구의 범위 3
• 2. 연구의 방법 4
• 제3절 선행연구의 검토 6
• 제2장 분양관리신탁제도의 이론적 고찰 11
• 제1절 부동산개발사업 11
• 1. 부동산개발사업의 의의 11
• 2. 부동산개발사업의 유형 19
• 제2절 부동산신탁 23
• 1. 부동산신탁의 의의 23
• 2. 부동산신탁의 유형 28
• 제3절 분양관리신탁제도의 이론적 고찰 33
• 1. 건축물의 분양제도 33
• 2. 주택의 분양제도 46
• 3. 분양제도의 비교 54
• 제3장 분석틀 61
• 제1절 분석틀과 평가지표의 설정 61
• 1. 분석의 틀 61
• 2. 제도 평가지표의 설정 62
• 제2절 설문의 개요 68
• 1. 설문의 내용 68
• 2. 설문의 대상 69
• 제4장 분양관리신탁제도에 대한 만족도 및 영향요인 70
• 제1절 제도의 문제점 70
• 1. 제도 확대를 필요로 하는 문제점 70
• 2. 제도 개선을 필요로 하는 문제점 74
• 제2절 제도에 대한 만족도 분석 77
• 1. 분석의 개요 77
• 2. 만족도 78
• 3. 사업참여자별 만족도 81
• 제3절 제도에 대한 만족도 영향요인 92
• 1. 변수의 설정 92
• 2. 만족도 영향요인 분석 96
• 제5장 결론 111
• 제1절 연구결과 요약 111
• 제2절 연구의 한계점 및 시사점 116
• 참 고 문 헌 117
• 부록 : 설문지 120
• ABSTRACT 128