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New Organizing System of the Real Estate Legislation and its Recent Lesgislation Tendency

  • Public Land Law Review
  • Abbr : KPLLR
  • 2007, 38(), pp.1-37
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

성소미 1

1국회사무처

Accredited

ABSTRACT

Real estates legislation has introduced and maintained a variety of systems, controlling the strength of regulation depending on changes of times and economic situation. Especially, the most remarkable recent feature in the public laws related with real estate is that public regulation has been revived since the extensive introduction of the public concept of land ownership in the 1980's.The only difference from the late 80's introduction of the public concept of land ownership is as follows; Firstly, the focus moved from “land” to “house” in view of the target of regulation. Secondly, while the former is focusing on the speculation of plutocracy that owns land, the latter is addressing to that of the general public, which was triggered due to the measures for mitigating loans after the IMF.Since real estate legislation currently focuses on speculation on houses and construction of houses as I mentioned above, the system of real estate legislation needs to be reorganized, concentrating on houses as the final consumers' products in the general public's point of view.Real estate legislation consists of lots of laws, and relationship among the laws are articulated. Nevertheless, it looks complicated, because it has not been so easy to examine the relationships closely. So, this thesis tries to classify the laws according to the stream of current real estate legislation. And in order to provide easier understanding for the real estate legislation system, it followed the life cycle of houses: residental land development laws as the premise to construct houses, laws for construction houses, laws for parceling out houses, laws for residents' house management, and laws for reorganizing deteriorated houses. In addition, this thesis is going to diagnose the characteristics of the real estate legislation by taking a look at the overall tendency of legislation based on the system of organization presented.

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