The study is about the real estate dealing regulation. Chapter 1 is an introduction part and among many policies that the government introduced, by deciding the range of the land dealing license system, a housing dealings report system, a transfer inc...
The study is about the real estate dealing regulation. Chapter 1 is an introduction part and among many policies that the government introduced, by deciding the range of the land dealing license system, a housing dealings report system, a transfer income tax system, comprehensive real estate tax system, a housing speculation zone, a land speculation zone, and a real dealing price report system etc which executed now, it is to study and analyze. Chapter 2 is the theoretical consideration of real estate dealings, first, the meaning of the real estate dealings divided as follows. Namely, the meaning of real estate dealing is that unlike the common goods, certain seller make contract to realize the regular property rights with a relative buyer. Second, in terms of the basis of real estate dealings, place the general principle regulation about the property rights security in the Article 23 1st clause of the constitution, “All people's property rights are secured.”, as a theoretical basis previously. By the 13th article 2nd clause, deprivation of the property rights by retroaction legislation is forbidden and by 119th article 1 clause, it is specified “Korea's economic order makes it a rule to respect freedom on the economy of an individual and a company”. Third, the type of real estate dealings that is a typical contract of the civil law such as donation, dealing, exchange, reconciliation, pay money periodically for life time, a use loan, lease, a consumption loan, an employment agreement, a contract, an advertisement for prize contest, a consignment, a deposit, and an association were discussed. Forth, in terms of a foreign real estate dealings system, it covered that the United States enforce an introduction business system and a right analysis system, Japan enforce the introduction business system and the market price evaluation system, and France enforce a real estate dealings business method.
In chapter 3, the land dealings license system and housing dealings report system which are a direct regulation policy were examined. If we examined about a land dealings license system previously, the introductory background of a land dealings license system, requisites for designation, designation and cancelation of zone, the period effect of specification of a zone, and the standard area that can get the a land dealings contract 's permission were described in detail. The housing dealings report system also described about the introductory background of a housing dealings report system, requisites of a report area, the residence for a report, cancelation of a report area, and violation in detail. Next explanation is about a transfer income tax which is indirect regulation. A transfer income tax is a national tax, and tin terms of the land which specified to an income tax law, and profit taking which generated by transfer of building and real estate related right, a transfer income tax is imposed to an individual and a corporation tax is imposed to corporation. An income tax of a province is a representative thing of a real estate transfer tax. The taxation system department in the financial economic department takes charge of the tax system and policy over this, and taxation business administration is carried out through the National Tax Administration Agency. 2007, it can be said that a transfer income tax imposed by real dealing price to all real estate dealings, and if and if a comprehensive real estate tax is examined, a comprehensive real estate tax introduced in order to the improvement of tax equity and real estate suppression of speculation since 2005. First, a property tax imposes a low percentage of tax by to real estate in a city, a county, and a division and second, it impose a comprehensive real estate tax for high rates about excessive amount of money to standard amount of money which the government added by the number of cases. The comprehensive real estate taxable item standard amount of money is 900 million won in the case of a residence by the National Tax Administration Agency standard, vacant land 600 million won, and the value of business land is 4 billion won.
Moreover, it treated that the comprehensive real estate tax by a standard of real estate which is owned now, June 1, become to pay to the taxation office based on address during a 12.1~12.15 period notifying the address. In addition, for a housing speculation area is appointed if a monthly rent increasing rate is 30% higher than a national consumer price rise rate, a house rent increasing rate is 30% higher than the national average for two months, or an annual average increasing rate for one year is higher than the national annual average increasing rate for three years. For a land speculation area, among the land price increasing rate classified by part term is 30% higher than a national consumer price rise rate, it dealt that if last term land price increasing rate is higher than the national average or an annual average increasing rate for one year is higher than the area where the national annual average increasing rate for three year are appointed.
Chapter 4 is about the problem and improvement device of real estate dealings regulation. First, a problems are the cooperation system insufficiency between relative posts, incompletion of a land dealings information system, the problem to the policy target of a land dealings license system, necessity of supplement to direct regulation system, theoretical inconsistency of land dealing permission regulation, the problem according to restrict the land by the onerous contract, request of redemption to the land which disapproved, a difference application of the license system to the characteristic land, dealings license system regulation, and a shortage of land dealings regulation special human resources, etc.
A housing dealings problems are a housing supply system, housing dealing regulation system and housing loan system. Moreover, an indirect regulation problem is the relative unreasonableness of a trading tax and the property holding tax, the unreasonableness of a land holding tax and a building holding tax, and insufficiency of development profit redemption function, etc. The improvement devices are raising effectualness of system, rationality insurance of the regulation, improvement of an administrative effect, harmony between public interest and private interest, an appointment requisite strengthening of permitted zone, shortening the appointment period and flexible management of cancellation, buying over request to the disapproved land, practical use and a complement of preemption system, actualization of a permission zone, rationalization of preliminary residence requisite before land acquisition, restriction of resale after land dealings permission acquisition, convert the concept from a possession of a residence to a use, promote the localization of a housing policy, promotion of the new city construction that cooperated with essential industry upbringing, improvement of a transfer income tax, rationalization of tax rates structure of registration tax, etc. In a conclusion, the type of a real estate dealings regulation policy is very various. It means that a real estate dealings regulation should carried out with many-sided method. Especially the reason why such a phenomenon happens is begins from the characteristic of land. The land is used for the various purposes and the land is dealt by peculiar and the method various. Therefore, in order to realize dealings led by a real user and dealings without speculation, various regulation means must be mobilized. Moreover, if various dealings regulation policies have mutual cooperation, they will be able to demonstrate policy effect better. In terms of the portion to a land dealings regulation policy, they should converts the way of thinking and an examine overall completely. Basically, a land dealings regulation policy should be carried out by cooperating with a land ownership policy or a land use policy, etc and execution of a land dealings regulation policy must also cooperate with these policies. On the other hand, one of the land dealings regulation of control method in land dealings regulation policies is grasp of the real market price. Like above, it is judged that it must follow the principle of a market since excessive governmental real estate dealings regulation can cause many problems and the it can become an obstacle to economic growth. The government should get reliance by maintaining consistency and try to improve life quality and property rights protection of an individual.