부동산거래의 블록체인에 의한 스마트계약 체계

Abstract

The block chain is being utilized in various application fields because it has the advantage of using a global peer-to-peer network to ensure the integrity of the value exchanged between trading partners without going through a third trust institution. A block chain is a structure in which a chain is formed by generating a block containing transaction information generated during a specific time, verifying the transaction information in a block by transmitting the block to all members, and connecting to the existing block if there is no abnormality. Using this block chain technology, information is stored on the network rather than on the server. Since new information is stored on the network, it is difficult to counterfeit or tamper with the data. Therefore, the block chain overcomes the problems of the existing centralized system and is an innovation technology based on the integrity and reliability of the system. The smart contract based on the block chain technology is proved to be impossible to be falsified and altered by the contract that is made on the smart contract platform due to the characteristics of the block chain. As soon as the asset is transferred to a specific person, the ownership of the asset can be verified immediately. At the same time, if the property owner has remodeled the apartment, it is possible to check the cost and maintenance details. This allows the government to set taxes transparently, and if the real estate sale price is ridiculously higher or lower than the quoted price, the government can immediately recognize it and take tax action accordingly. Many countries have already introduced block-chain technology to the national land registry and building property registration management. In most cases, real estate transactions are carried out by smart contracts of the block chain. Transaction details are disclosed to the publicly distributed book system, It is also possible to prevent fraudulent transactions. Therefore, it is time for Korea to find legal basis of contract and appropriate regulation method for the distributed ledger system of land register and registered register based on smart contract and block chain technology to be activated in real estate transaction market in Korea. In addition, it is time to examine the possibility of expanding the real estate finance business by securing transparency of the value of real estate transactions. It is possible to reduce the cost due to the accuracy of the interim evaluation when real estate mortgage is loaned. Major banks, including Hong Kong HSBC, have already introduced block-chain technology for mortgage evaluation, and are increasingly sharing information between appraisers and credit judges. As competition for real estate relies on reliable data assets and a ‘financialization’ model, ‘smart contract’ is expected to become a core infrastructure of the new real estate business model. It is time to consider ways to develop the real estate market for the activation of new smart contracts based on block chains. In the end, in order to establish a legitimate ground that reflects the technical understanding of the block chain and the nature of the smart contract, it is necessary to establish a smart contract system for the real estate transaction, incorporating the system for the benefit and protection of real estate traders into the existing contract law system. You will have to go through the process. It should be preceded by the solution of the legislative problem that forms the contract law system which will form the sound culture formation and establishment of the real estate transaction order.