부동산가격공시법의 목적과 체계정당성 연구: 표준부동산가격 공시를 중심으로

Abstract

The Real Estate Price Disclosure Act consists of a higher-level standard real estate price disclosure for the purpose of disclosing fair prices and a lower-level disclosure system that calculates individual real estate prices. In the case of disadvantages or infringement due to illegal real estate price disclosure, the value of property or land rights can be protected. It can be argued that these things should be left to the discretion of the legislative system and to whomever requests the fair price investigation and calculation of standard real estate. However, the request criteria should be grounded in accountability, professionalism, and independence considering the impact on property rights protection. It can also go against the systemic justification principle. The real estate price disclosure system is based on the constitutional guarantee of property rights, fair compensation, and tax legalism. Based on this, the fair price disclosure should allow the right to enjoy the fair value of the land rights, and the realization of the economic value should be promoted. It is necessary to unify the subject of standard real estate appraisal and establish the principle of fair price disclosure. Standard real estate price valuation legalism should be strengthened, and general building price disclosure should be integrated as well as separate building price disclosure system should be introduced. The individual real estate price disclosure system, which has a different character from the standard real estate price disclosure system, should be distinct and operated as a new legal system.