토지거래허가와 토지거래계약의 효력에 관한 연구

• 영문명: A Study on the Permission for Land Transaction and the Effect of Land Transaction Contract
• 발행기관: 한국부동산학회
• 저자명: 김학환(Kim, Hack Hwan)
• 간행물 정보: 『부동산학보』不動産學報 第39輯, 356~379쪽, 전체 24쪽
• 주제분류: 경제경영 > 경제학
• 파일형태: PDF
• 발행일자: 2009.12.30

영문 초록

1. CONTENTS (1) RESEARCH OBJECTIVES According to the Ministry of Land, Transport and Maritime Affairs, the area for land transaction permission held 8.39 percent in the entire national lands at the end of October 2009. This Article develops the unified theoretical framework for a harmonious interpreting between the transaction practices and the restriction of regulation. (2) RESEARCH METHOD The study confined is confined to a description and a examination of the effect of transaction contract in the area for land transaction permission, without going into detail and without offering for the system of land transaction permission. (3) RESEARCH FINDINGS In the area for land transaction permission, people must get government prior permission to enter into a Land Transaction Contract. NATIONAL LAND PLANNING AND UTILIZATION ACT art. 118. par. 6 provides that any lad transaction contract thet has been concluded without obtaining the permission shall not take any effect. The problem dealt with in this article under the effect and it's legal relation of the land transaction contract without obtaining the permission are complex and controversial. The Supreme Court held that the currently void theory implies that the effect of the land transaction contract without obtaining the permission is retroactively valid starting on the date of the signing of contract, and that the currently void changes definite validity, if one gets the permission after the land transaction contract. On this view the question to ask. especially in transaction practices. whether the parties this contract would not be specifically enforceable. Many writers criticizes a currently void theory. Another body of opinion holds that the contract without obtaining the permission can be effected. This view seems that the validity of contract can be explained with terms of the contract. 2. RESULTS The land transaction permission drafted with the aim of curbing realty speculation. It therefore seems that the effect of transaction contract without obtaining the permission can be interpreted in relation to the Report on transaction of Real Estate. Indeed, this is implied by the Report on transaction of Real Estate, which requirer that a actual sale prices should be report at the time signing the sales agreement. Despite of a actual concluding contract, it is undesirable to report after the permission.

목차

Ⅰ. 서론

Ⅱ. 토지거래허가제도의 운용실태

Ⅲ. 허가받지 않은 토지거래계약의 효력

Ⅳ. 구체적 법률관계의 검토

Ⅴ. 결론

<참고문헌>

키워드

real national land planning and utilization act permission for land transaction currently void theory contract without obtaining the permission