독일의 감정평가법제에 관한 연구

In Germany, especially in relation to the appraisal value, transaction value (wert) can ben distinguished from price (Preis). Wert uses collective concept (Aggregierte Preisvorstellungis), is distinguished from preis which is the outcome of specific exchange action from market participants. So, value(wert) can be understood as objective price. So it is customary that there is gap between value and price under the influence of subjective factors. For investigation of the main laws and guidelines, there are building act, property value investigation command, value research directive ,and other special legal norms for the purpose of evaluation method and collateral value directive. With respect to appraisal of Germany ,and also in relation to content of the law, there exist various provisions in close relation to people's property and appraisal system. There is relatively high room for adjustment on real estate appraisal based on standardized basic conditions and requirements. Germany is similar in structure to korea in that, standard land price and appraisal value committee are established with a purpose of preparing procedure for related laws and regulations. However in Germany, there are no government restrictions on appraisers stipulated by the government, thereby official qualification requirement for appraisers. Chamber of commerce sets some requirement for appraiser , and there exist requirement for appraiser actively involved in the Appraisal Committee. On the contrary, "Presidential Decree Under the Price announcement of Real Estate and Appraisal Act" in Article 23 states about the qualifications of appraisers in Korea. Germany’s price of the reference land is similar to korea’s appraised value of land. It is important to calculate realistic appraised value by reducing gap between appraised value of land, and price of the reference land. Additionally, Germany needs to review appropriateness in the application, citizen friendliness, congruence of law at the time of subdivision of law and enactment of new law, which is consistent with the principles of the Germany.