부동산거래신고제도의 쟁점

Controversial Questions of the Report on Transaction of Real Estate

1. CONTENTS (1) RESEARCH OBJECTIVES It is generally agreed that the Report on transaction of Real Estate is contributed to improve transparency in real estate markets. Already this Report has been evoked much debate during legislation procedure. This Article reviews controversial questions of the Report on transaction of Real Estate (2) RESEARCH METHOD For the research, I have consulted examining reports, legislation and judicial materials rather than textbook. (3) RESEARCH FINDINGS In Korea, a broker who has prepared and delivered a contract document, shall report the real transaction price of such real estate, etc. and other matters prescribed by the Presidental Decree the head of Si/Gun/Gu having jurisdiction over the location of the real estate subject to purchase and sale(in the case of the purchase and sale contract on the title, referring to the real estate subject to such title) within 60days from the date when the contract has been concluded(from BUSINESS AFFAIRS OF LICENSED REAL ESTATE AGENTS AND REPORT OF REAL ESTATE TRANSACTION ACT art. § 27). It is generally agreed that the Report on transaction of Real Estate is contributed to improve transparency in real estate markets. One of the most controversial questions is an unconstituionality issue. But the Constituional Court of Korea has decided constitutionality of this Report. 2. RESULTS Neverthless, it has been argued that this Report System should not be accepted to the brokerage industry. Besides on unconstituionality issue, there are some debates on dualizing system according to the transaction report under art. § 80-2 of the Housing Act, verifying method to a inaccurate price reported etc;, detaching this Report system from the BUSINESS AFFAIRS OF LICENSED REAL ESTATE AGENTS AND REPORT OF REAL ESTATE TRANSACTION ACT, simplifying to report procedure, practical using reported matters, altering of real estate registration, and offering incentive for real estate brokers. I argue that the reason given by the Constitutional Court for constitutional adjunction is questioned in public. I also argue that the difference of the reporting period between real transaction from BUSINESS AFFAIRS OF LICENSED REAL ESTATE AGENTS AND REPORT OF REAL ESTATE TRANSACTION ACT and housing transaction from Housing Act is not appropriate.