지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
논문 기본 정보
- 자료유형
- 학술저널
- 저자정보
- 발행연도
- 2011.7
- 수록면
- 171 - 209 (39page)
- DOI
- 10.35505/sjlb.2011.07.1.1.171
이용수
초록· 키워드
오류제보하기
Liberalism constitution based on liberalism and individualism was made according to early capitalism ideology which nation doesn’t intervene individual economic activities and inhere to noninterference policy. However capitalism advanced so highly that made the gulf between the poor and the rich. Therefore most nations revised the constitution for establishing the fair economic order. Korea’s constitution has the regulations which preamble and article 119, etc.
We have various real estate speculation restriction system. For example, Land Transaction Permit System, Sale-price Ceiling System on the Apartment building, System of Overheated Speculation Zone, Housing Transaction Report System, System of Restitution of Development Gain, System of Restitution of Reconstruction Gain, Housing Speculation System, Capital Gain Tax, Loan to Value Ratio, Debt to Income.
Among of them I’m going to review legally on the sale-price ceiling system of the apartment building and land transaction system. The sale-price ceiling system of the apartment building has been controversial over the violation of constitution from the committee of construction and transportation of congress and the academic world since the adoption of 2005. Also in spite of major view of Constitutional Court of Korea, the Land Transaction Permit System has been controversial over the violation of constitution from minor view of Constitutional Court of Korea and the academic world.
The sale-price ceiling system of the apartment building in relation to Property Rights, Freedom of Career Choices and Rights to Equality, because construction companies can not be received for cost of investment at apartment construction, it can be violated for no less restrictive alternatives of the principle of proportionality. It is desirable that the sale-price ceiling system of the apartment building will apply to below 85㎡ apartments which are supplied in the public land for housing.
The Land Transaction Permit System is considered a rational system, thinking stronger restriction on the land and Korea’s unique land speculation phenomenon. But It is needed to adopt the compulsory buying-claim right and the private construction companies must be included the buying-organ to be effective.
We have various real estate speculation restriction system. For example, Land Transaction Permit System, Sale-price Ceiling System on the Apartment building, System of Overheated Speculation Zone, Housing Transaction Report System, System of Restitution of Development Gain, System of Restitution of Reconstruction Gain, Housing Speculation System, Capital Gain Tax, Loan to Value Ratio, Debt to Income.
Among of them I’m going to review legally on the sale-price ceiling system of the apartment building and land transaction system. The sale-price ceiling system of the apartment building has been controversial over the violation of constitution from the committee of construction and transportation of congress and the academic world since the adoption of 2005. Also in spite of major view of Constitutional Court of Korea, the Land Transaction Permit System has been controversial over the violation of constitution from minor view of Constitutional Court of Korea and the academic world.
The sale-price ceiling system of the apartment building in relation to Property Rights, Freedom of Career Choices and Rights to Equality, because construction companies can not be received for cost of investment at apartment construction, it can be violated for no less restrictive alternatives of the principle of proportionality. It is desirable that the sale-price ceiling system of the apartment building will apply to below 85㎡ apartments which are supplied in the public land for housing.
The Land Transaction Permit System is considered a rational system, thinking stronger restriction on the land and Korea’s unique land speculation phenomenon. But It is needed to adopt the compulsory buying-claim right and the private construction companies must be included the buying-organ to be effective.
목차
Ⅰ. 머리말
Ⅱ. 부동산투기 규제 제도의 헌법적 근거
Ⅲ. 부동산투기 규제 제도에 대한 헌법적 고찰
Ⅳ. 맺음말
참고문헌
Abstract
참고문헌 (0)
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대법원 1991. 12. 24. 선고 90다12243 전원합의체 판결
가. 국토이용관리법상의 규제구역 내의 `토지등의 거래계약’허가에 관한 관계규정의 내용과 그 입법취지에 비추어 볼 때 토지의 소유권 등 권리를 이전 또는 설정하는 내용의 거래계약은 관할 관청의 허가를 받아야만 그 효력이 발생하고 허가를 받기 전에는 물권적 효력은 물론 채권적 효력도 발생하지 아니하여 무효라고 보아야 할 것인바, 다만 허가를 받
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