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Legal Issues about the Regulations of Land Transaction

  • Public Land Law Review
  • Abbr : KPLLR
  • 2010, 51(), pp.131-154
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

KIM, MIN HO 1,  양은영 2

1성균관대학교
2글로컬 과학기술법 연구소

Accredited

ABSTRACT

Today, one of the most difficult and intricate social problems are a matter of the estate. Land is a finite resource in its nature which makes it complex to identify reasonable market based on the characteristics of its geographical locations' fixations and variations, and challenging to set the standard price. This generally leads to a lack of land supply, the inefficiency of land use, land speculation and the disorderly and prevalence conduct in trading system, a surge of land value, personalizing of development interest, and mis-balancing of land holdings, which phenomena indicates sever social conflict of class and individuals and hindering utilization of land. As a result, much of the system has been established to perform a various policy, but no solid system has been settled. For the most effective and efficient land use, consistent land control measures should be set up and efficient land use should be enhanced and land use should be controled in order to give stability and justice in land use. Therefore, the government actively intervened to limit land marketing of self-governing by private parties, but should directly or indirectly regulate personal property through land dealing regulation system. Thus, proactive care toward land owners whose ownership has been violated due to public regulation, is crucial for ownership guarantee and enhanced land competitiveness. However, many property transaction regulations lack legal system itself triggers in to a chain reaction of lack of linkages between the trade regulation means of property, which makes it harder to achieve the objective of land dealings regulation system, also puts a question on its effectiveness of operation due to procedural difficulties and logical contradictions. In order to achieve ultimate goal of land use regulation effectively, transparent land regulation and convenient land use by the public are prerequisite. In other words, it is necessary to simplify and clarify land use regulation. Therefore, these land transactions and the related legal system must carry out its role of reviewing and point out practical problems that is necessary for the corrective measures, legal systems and administrative systems through the coordinacal problems transactions and the need for strengthening the effectiveness of regulatory institutions should be positioned.

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