주택법상 주택거래신고 제도에 관한 연구

House Trading Report System is a system to report the trading details to administrative agency within 15 days after signing and to pay acquisition and registration taxes based on actual trading price when signing house trading contract of transfer of ownership in house trading report areas. However, in reality, following problems are issued when implementing the system. First, the reporting system is regulated differently in house and real estate trading, and duplicating laws cause confusion and it is worried that unnecessary laws may be over-issued. Second, there are differences in regulations such as reporting and authorizing on speculative areas; the speculative areas on Housing Act and legal speculative areas based on plan and usage of national land are regulated differently. Third, the reporting period on house trading and that on the law of licensed real estate agent’s duty and real estate trading reporting are differently regulated; the reporting period on house trading is 15 days, but it is within 60 days to report to administrative agency on the law of licensed real estate agent’s duty and real estate trading reporting. Fourth, obligating submission of finance supplying plan for house when reporting house trading can affect the buyer’s exercising of property rights; it may violate the privacy of seller’s property right. Fifth, under the purpose of preventing speculation, house trading report system is weak on regulating violation of report. Thus, for the problems of the house trading report system on housing act as above, the following improvements are necessary. First, the reporting system on housing act and the system of licensed real estate agent’s duty and real estate actual trading should be operated in unity. Other than that, with ‘the Act on the registration of the name of real titleholders in respect of real estates,’ ‘Act on special action of real estate registration,’ etc., through computerization of real estate trading, the system can achieve the purpose of legislation. Second, for the house trading report system, it is better to be strict permission system to operate house trading smoothly, to build logical order of house trading, and in order for effectiveness of house trading such as prevention of speculation. Third, it is necessary to equally regulate the reporting period of house trading and that of real estate trading. It is possible to extend the reporting period for house trading process, administrative agency’s understanding of detailed trading condition, application of public information, etc. Fourth, in house trading, when finance supplying plan is exposed, this may violate individual’s privacy and freedom; thus, according to the act on personal information protection, it should be closed or deleted. Fifth, to prevent speculation that disturb the order of house trading, more powerful mean to achieve effectiveness is needed. Toward house trading report violation, it is good to restrict government licensed business or to fine, which can be disadvantage to violators, by rejecting, suspending, and withdrawing permissions. As above, it seems necessary to revise the house trading report system on housing act totally or at least to supplement legislatively to systemically develop the house trading report system. Consequently, it is needed to promote guaranteeing of people’s property rights and stability of economic lives by stabilizing house and real estate trading, order keeping, and speculation preventing in our society.