土地信託制度의 活性化 方案에 관한 硏究 = (A) STUDY ON ACTIVATING THE USE OF LAND TRUST SYSTEM

다국어 초록 (Multilingual Abstract)

Since land is a ground of human life and a basis of production activities, it can be said that land is the most important part of individual right of property. Human's interest on land has grown along with the changes of history. And the necessity of continuous study on a resonable land development system is very demanded for the country like ours because of its high population and a small territory. Today, as the urbanization and the industralization is taking the place, conflicts among different income classes on a limited land, and the problem of using territory are coming to the fore as an important political task. Since 1960, Korea has been making a continuous economical development. NOW it's facing serious problems throughout its society and economy such as a land owner's windfall income, preponderance of wealth, and speculative spirit of preferring the actual object due to a sudden rise of land and housing price. For this reason, the government came to execute the Land Trust System--which allows a trusting company to utilize unused land--in the second half of 1990 as an efficient device of land use to stabilize the housing price, and to operate the Public Ownership of Land System actively. As a result, the government established two companies in May 1991 and carried out controlling, managing, and trusting matters of estate This led, later, the government to enforce the Land Development Trust--it's called a flower of the Land Trust--on November 11, 1992.
The Land Trust System is the method of not only preventing unused land to be the subject of speculation or capital gain from land owners, but of using it positively by separating its possession and use. In another words, the system is based on the trust and land development between a truster, who set the trust, and a trustee, who accepts the trust, and means to promote reconsideration of land utilization and land security through an active management. A land owner's participation in development is the characteristic of this system. Therefore it is clear that the Land Trust System stimulates a joint development between the land owners and the trusting companies, But, in this report, Ibetween th presented some problems of the system by examining the benefits of both individual and public and public.. I also compared our system with the already succeeded systems of other developed countries, and drew up a plan that is suitable to our nation. To epitomize this report, part 2 dealt with an outline, structure, a process, and both merits and demerits of the Land Trust System by considering its theory. The efficiency of the system, that a land owner can develop the site and earn a profit from it without a burden of funds; and for the trusting companies, they can acquire land without a burden of the land purchasing price was dealt here. In addition, the part 2 showed the compare and contradiction between our system and the advanced nation's, such as Japan and U. S' s, along with the system's possibilities of being promoted due to its characteristic that it let the both parties to earn some portion of profit. In part 3, I studied operation and a condition of the present Land Trust System. Part 4 examined problems of the current system as well as an actvating device of the system, and the report ends with its conclusion in part 5.
In conclusion, the Land Trust System possesses many problems such as people's excessive desire to hold on to the land, insufficiency of the system law, a low business returning rate, a difficulty of supplying, development funds, deficiency of ability of carry out a business, and people's lack of understanding. Hence, to activate this system and solve the above problems replenishment of the system law and establishment of a special law, an effective method to supply the enough funds and labors, regaining a business returning rate, systemizing of estate stock, formation of people's reliance on the system, and an effective advertizement toward general people and allied industries must be performed deliberately.

목차 (Table of Contents)

• 목차
• 第1章 序論 = 1
• 第1節 硏究의 目的 = 1
• 第2節 硏究의 範團와 方法 = 2
• 第2章 土地制度의 理論的 考察 = 4
• 第1節 土地信託의 槪要 = 4
• 1. 土地信託의 意義 = 4
• 2. 土地信託의 構造 = 6
• 3. 土地信託의 特性 = 8
• 4. 土地信託의 活用範圍 = 12
• 第2節 外國의 土地信託制度 = 13
• 1. 日本의 土地信託制度 = 13
• 2. 미국의 REIT = 22
• 3. 獨逸의 信託制度 = 27
• 4. 其他 = 30
• 第3節 土地信託과 類似他方式과의 比較評價 = 31
• 1. 等價交換方式 (지주 공동사업) = 32
• 2. 借地權 設定方式 = 33
• 3. 民賃方式 = 35
• 4. 事業受託方式 = 35
• 5. 土地信託開發방식과 他類似 開發方式과의 평가 = 36
• 第4節 土地信託의 有效性과 限界 = 38
• 1. 土地信託의 有效性 = 38
• 2. 土地信託의 限界 = 41
• 第3章 우리나라 土地信託制度의 現況 = 45
• 第1節 土地信託制度외 運營實態 = 45
• 1. 우리나라 不動産信託 沿革 = 45
• 2. 土地信託開發의 法的 構成 = 47
• 3. 土地開發에 관한 法律 = 55
• 4. 土地稅制에 관한 法律 = 55
• 第2節 土地信託開發의 現況 = 58
• 1. 不動産 信託會社의 運營實態 = 58
• 2. 우리나라 土地信託의 活用對象 範圍 = 65
• 제4장 土地信託制度의 問題點 및 活性化 方案 = 72
• 第1節 土地信託制度의 施行上 問題點 = 72
• 1. 制度上 問題點 = 72
• 2. 運營上 問題點 = 74
• 3. 社會的 問題 = 76
• 第2節 土地信託制度의 活性化 方案 = 77
• 1. 土地信託關聯 法規의 再檢討 = 77
• 2. 信託開發資金의 調達方法 提高 = 91
• 3. 國公有地의 土地信託開發制度 活用 = 96
• 제5장 結論 = 103
• 參考文獻 = 106
• ABSTRACT = 109