Application of the Special Act on Real Estate Ownership Transfer Registration, etc. Possible Only After the 21st
[Asia Economy Honam Reporting Headquarters Reporter Lee Hyung-kwon] Suncheon City, Jeollanam-do announced on the 5th that it will temporarily implement the "Special Measures Act on Real Estate Ownership Transfer Registration, etc." for two years, but on the ground, there is a reaction that it is still too early to enforce the "Special Measures Act."
According to the Special Measures Act, to transfer ownership, confirmation must be obtained from five or more guarantors, including one lawyer or judicial scrivener appointed by the town/myeon chief and the mayor.
The role of the guarantor can only be performed after Suncheon City first provides education to the guarantors, and applicants must receive a guarantee letter from the guarantors and submit the documents along with the fee to the Land Information Division of the City Hall.
However, the city focused only on promoting the Special Measures Act without providing education to the guarantors, which caused confusion among the applicants.
A city official explained, "Since the background check on guarantors became possible from the 5th, the date the Special Measures Act was enforced, it was an unavoidable situation." A citizen who visited the site and turned back expressed regret, saying, "There should have been an explanation about this schedule during the promotion of the Special Measures Act enforcement."
Administrative actions that caused citizens who were waiting for or interested in the Special Measures Act to make fruitless trips occurred in most local governments, including Suncheon City. In the competition to promote the act, it became difficult to avoid criticism that the promotion was done without sufficient preparation and verification.
The target of this Special Measures Act includes real estate that was effectively transferred by sale, gift, exchange, etc., before June 30, 1995, inherited real estate, and real estate without ownership preservation registration.
At the eup/myeon level, land and buildings are subject to the act. At the dong level, only farmland and forest land are limited to the Special Measures Act, but due to lack of detailed explanation, Suncheon City has received many inquiry calls.
This Special Measures Act differs from the one implemented in 2006 by expanding and strengthening the number of guarantors, including professional qualified guarantors (from 3 to 5).
Also, unlike the previous Special Measures Act, it removes the amount and area restrictions that were applied, and newly applies regulations related to real estate registration fines (penalties), the Farmland Act, and development activities (land division).
The city issues a confirmation letter after verifying the purpose of the guarantee, conducting on-site investigations, notifying and publicly announcing (for 2 months) the interested parties within four degrees of kinship such as heirs, and if there are no objections. Afterwards, the applicant can apply for registration at the court registration office by attaching the confirmation letter.
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