우리나라의 부동산 선매제도에 관한 연구

• 영문명: A Study on Korean Real Estate Preemptive Rights System
• 발행기관: 한국부동산학회
• 저자명: 장건(Jang Geon)
• 간행물 정보: 『부동산학보』不動産學報 第26輯, 104~121쪽, 전체 18쪽
• 주제분류: 경제경영 > 경영학
• 파일형태: PDF
• 발행일자: 2006.05.01

영문 초록

  1. CONTENTS
  (1) RESEARCH OBJECTIVES
  Real estate preemption has become one system for carrying out
  important land policies on public and private laws. However, the positive law in Korea has not yet acknowledged a preemptive right, but has only a preemptive consultation right, that is, a right with which a public agency can talk over the preferential purchase of the land concerned. Thus, I will explore the comparative law problems about the system and the nature, reality and future tasks of Korean preemption system.
  (2) RESEARCH METHOD
  Korea much lacks studies on real estate preemptive rights system. This study, therefore, focused on one thesis for a doctorate and ten academic theses about the system, analyzed the literature about it, and described its theoretical system in comparison with Korean systems related to preemption. Thus, this study began with an investigation on a comparative law in Chapter 2, explored preemptive rights in Germany in Chapter 3 and Korean systems related to preemption in Chapters 4 and 5, and described future tasks and concluded in Chapters 6 and 7.
  (3) RESEARCH RESULTS
  From the perspective on a comparative law, it will be said that German bonding preemption system has different legal, institutional, and structural system from Korean real estate preemptive consultation right.
  2. RESULTS
  Korean civil law does not have any regulations about preemptive rights and the preemptive consultation rights cannot be compared with the preemptive rights in German civil law. Korea will rely on the method of provisional registration for the preferential acquisition of a particular thing in the future. It can also examine the regulations about the preemptive rights that those with surface rights, those with lease rights, and those with hire rights can purchase the thing preferentially at the sale price when the owner wants to sell it. From the viewpoint of comparative jurisprudence, German preemptive system will be said to have different legal institutional structural system from that of Korean preemptive consultation rights system.
  It is necessary to improve the preemptive consultation system by means of Korean "Law on the Planning and Use of National Land". Above all, the requirements for preemptive consultation should be improved. For example, a land owner tries to settle surface or lease rights for the third party. When one with preemptive consultation rights wants to purchase it, I think, he should consult about the purchase and sale.
  Though land preemptive consultation rights need to be acknowledged for a public purpose, it is essential to protect the rights of a land owner. Rather, it will be said to be desirable to have a public agency enter into preemptive consultation insofar as a land owner wants to purchase an0d sell it.

목차

ABSTRACT
Ⅰ. 序論
Ⅱ. 先買에 관한 比較法的 考察
Ⅲ. 獨逸에서의 土地先買權
Ⅳ. 우리나라에서의 先買權 關聯 制度
Ⅴ. 우리나라에서의 土地先買協議權
Ⅵ. 우리나라 先買制度의 限界 및 向後課題
Ⅶ. 結論
參考文獻

키워드

A preemptive right a preemptive consultation right Act on Planning and Use of National Territory preferential purchase protecting the rights of a land owner land