CN101464988A - Real estate transaction system using real estate securities and method thereof - Google Patents
Real estate transaction system using real estate securities and method thereof Download PDFInfo
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- CN101464988A CN101464988A CNA2008100893294A CN200810089329A CN101464988A CN 101464988 A CN101464988 A CN 101464988A CN A2008100893294 A CNA2008100893294 A CN A2008100893294A CN 200810089329 A CN200810089329 A CN 200810089329A CN 101464988 A CN101464988 A CN 101464988A
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Abstract
Provided are a real estate transaction system and method using real estate trust that are capable of lessening a burden on a residence right holder and investors by securitizing real estate and selling a plurality of divided securities including a security for ownership and a security for investment. A real estate special purpose company buys real estate and divides a right for real estate into a residence right and an investment right that is transacted as an investment security at a real estate security exchange, like normal security, with the residence right and the investment right having different dividend percentages, such that a buyer desiring actual residence resides on the property by paying only a portion of the price of the real estate and a person desiring investment invests in real estate for desired equity.
Description
The cross reference of related application
The application requires the korean patent application No. of submission on Dec 21st, 2007
2007-0134866, on January 18th, 2008 No. that submits to
2008-0005552And the No. of submission on February 18th, 2008
2008-0014557Interests, it is involved by reference thus, as having carried out abundant elaboration in this article.
Background of invention
1. technical field
The present invention relates to the real property transaction system and method, especially relate to the real property transaction system and method that uses real estate securitisation (real estate securitization), described system and method can and be sold a plurality of security of cutting apart that comprise entitlement security and investment securities by the securitisation real estate, alleviates the burden to residency right holder and investor.
2. the discussion of correlation technique
In general, because real estate is expensive and present the individuality and the region of height, investor or custodian must have a large amount of funds or specialized knowledge or experience, with capital investment in real estate and care of real estate.In addition, praedial transaction size is relatively large, and the market liquidity (liquidity) is low and mobilization force (fluidity) is low.
When real estate was stagnated, in order to overcome enterprise's financial difficulty and to rebuild business organization and the praedial quantity of selling and because unemployment is former thereby praedial the increasing in numbers swiftly of selling, and real estate was difficult to sell.The bad accounts that this has hindered the reconstruction of business organization and has increased banking institution, and then cause praedial price to be fallen suddenly owing to the violent minimizing of transaction.When real estate developed, because the transaction size of real estate feature is big and mobile low, the investor with a small amount of fund can not easily participate in real property transaction, and this may make real estate market be upset by risk capital.
In order to overcome praedial this shortcoming, product that real estate market is combined with the financial market has appearred, as real estate fund and REIT (Real Estate Investment Trust, REIT).Yet owing to there is the optional investment product with high fluidity and height rentability, above-mentioned movable property is not popularized.
The real estate fund is the gathering that is used for the capital of real estate investment, and the professional with the capital investment assembled in the real estate of various careful selections, as real estate development, profitable real estate, the project financing and asset-backed securities (Asset Backed Securities, and distribute income ABS).Be returned to the investor by the income of investing in praedial a small amount of fund generation.
The character that REIT is identical with the real estate fund is that they all are to serve as investment tool in praedial indirect investment market, but different with the real estate fund with configuration aspects in legal nature.REIT is the joint-stock company that is devoted to invest in real estate, and inner asset management functions must be arranged, and holds certain capital.In addition, because they have the form of joint-stock company,, and capital investment is being faced difficulty in real estate development and loan capital so REIT need hold the real estate corresponding to 70% above assets.REIT carries out standardization and securitisation with investment property right (equity) as subsection and the product that produces.That is to say that the real estate property right is divided into subsection, carry out securitisation, and be connected to a plurality of investors by capital market.Particularly, REIT provides to the investor who has a small amount of fund and invests in praedial chance.
Yet investment funds and REIT concentrate on investment, participate in real estate investment so that have the investor of a small amount of fund.They advantageously are directed to a lot of investors and the capital of real estate investment in the real estate market, and prevent that real estate market from being upset by risk capital.Yet investment funds and REIT do not consider the following fact: praedial basic goal is not investment, but the actual inhabitation and the use in soil.
Therefore, wish that holding the people that stablize the living space has ignored existing real estate investment and be not suitable for actual inhabitation, and do not participate in real estate market.In addition, the investor shifts its sight from traditional capital project, is very difficult because carry out the target investment in selected real estate.
Development of Communication Technique has produced the system that real property transaction information is provided and facilitates (broker) real property transaction by network such as internet.Yet, do not have the system that carries out real property transaction at actual occupant.For example, the korean patent application No.10-2003-0033334 and the name that are called " System and Method for MediatingTransactions in Real Estate Through Network " in name are called among the korean patent application No.10-2004-0017945 of " Methodfor Real Estate Transaction with Escrowand Title Insurance through Computer Network ", disclose a kind of technology of carrying out the risk of real property transaction by network that alleviates.Yet these schemes are at existing direct investment, and wherein to obtain praedial entitlement be necessary in real estate investment.
As a result of, the direct investment that obtains at entitlement has applied burden to the investor aspect capital fund, progressive tax and the tax relevant with transaction.Only the existing mortgage credit product at property right does not provide the target investment, and can not attract the investor.The people that wish to use property as lease, participate in real estate market only in the mode of consumption.Simultaneously, even development of Communication Technique causes infrastructure can obtain the information relevant with real estate easily, the user also only utilizes the information about real estate trend, with check vacant room exist or about praedial information for sale.
Therefore, need a kind of new real property transaction system and method, this system and method can satisfy investor and actual occupant's needs by utilizing the existing communications infrastructure.
Summary of the invention
In order to solve the problems referred to above relevant and various extra advantages to be provided with traditional real property transaction, the present invention efforts be made so that the real property transaction system and method with the real estate securitisation, wherein the real estate special purpose vehicle is bought real estate, and the capital authority that praedial right is divided into residency right and concludes the business as investment securities in real estate stock exchange, the same with standard security, residency right has different bonus number percent (dividend percentage) with the capital authority, live on this property by a part of only paying the real estate price so that wish the actual buyer who lives, and wish that the individual of investment invests in real estate for the property right of expecting.
The present invention also efforts be made so that the real property transaction system and method with the real estate securitisation, wherein provide the server of real estate securitisation service praedial right for sale to be divided into the residency right and the capital authority that respectively has different bonus number percent, sell the residency right and the capital authority by the stock brokerage services device, based on contract payment transaction fund, and set up described right with burden that alleviates the fund of recouping capital outlay and the safe transfer that guarantees right.
The present invention also efforts be made so that the real property transaction system and method with the real estate securitisation, a wherein praedial proprietorial part is divided into a plurality of property rights, and the investment securities that is equally circulated by securitisation imaging standard security, and allow the buyer to make its property right right (equity right) in exchange's circulation, so that the praedial property right right that can freely cut apart repeatedly circulates.
The present invention also efforts be made so that the real property transaction system and method with the real estate securitisation, it can come to sell praedial property right right easily and safely by the following method: by transaction behind transaction or the contract, to set price based on the seller according to the estimated price of real estate present price or to carry out the property right right by competition and sell, automatically defrayment, and change the real estate right of real estate special purpose vehicle automatically.
A first aspect of the present invention provides a kind of real property transaction system, being used to use the negotiator's terminal that connects by communication network to carry out securitisation real estate property right sells, this system comprises: real estate securitisation server, it is used to buy real estate, praedial property right right is divided into residency right and the investment securities that respectively has different bonus rights, and the right and the bonus of management security; Real estate stock brokerage services device, its be used to provide from real estate securitisation server about the information of investment securities and from the information about sales of investment securities of negotiator's terminal, together with information about praedial estimated price, in response to asking to cut apart and buy investment securities from the purchase of negotiator's terminal, and result's change that right is provided to real estate securitisation server; And the assets assessment server, it is used for providing about the information corresponding to the real estate estimated price of investment securities to real estate stock brokerage services device.
Real estate securitisation server can comprise the right builder that is used for praedial property right right is divided into residency right and investment securities, and this right builder can be determined at least one in the bonus ratio between property right right ratio, residency right and the investment securities between residency right and the investment securities, residency right holder's purchase condition, the condition of selling the time and the condition on bonus date according to predetermined standard.
It is a kind of at real estate be connected to the real property transaction method of carrying out between the property transaction people terminal of communication network that a second aspect of the present invention provides, this method comprises: real estate securitisation step, its according to by seller terminal provide about praedial information and praedial assets assessment information, by real estate securitisation server, praedial property right right for sale is divided into respectively has residency right and the investment securities that Different Red Libiee leads; Security circulation step, it is by real estate stock brokerage services device, reception is from the investment securities information of real estate securitisation server or from the sale information of the investment securities of negotiator's terminal, provide investment securities information together with assets assessment information to negotiator's terminal, and provide the right modification information that produces by selling to real estate securitisation server; The right step of updating, it is by real estate securitisation server, uses the right modification information that receives from real estate securitisation server to upgrade the right information of real estate property right right; And bonus provides step, and it when satisfying predetermined bonus requirements, provides the bonus of residency right and investment securities by real estate securitisation server with predetermined different bonus number percents.
This method can further comprise residency right circulation step, it is by real estate stock brokerage services device, to negotiator's terminal provide from the residency right information of real estate securitisation server or from the residency right information of negotiator's terminal together with assets assessment information, in response to concluding the business, and provide the right modification information to real estate securitisation server from the buyer's who satisfies predetermined purchase condition purchase request.
This method can further comprise provides step, it is by real estate stock brokerage services device, provide residency right and investment securities information to negotiator's terminal, formulate sales contract, and provide contract information to real estate securitisation server from real estate securitisation server; And comprise registration right establishment step, it is worked as the sales contract of receiving and satisfies predetermined standard time, by real estate securitisation server, based on contract buys real estate from the seller, obtain praedial entitlement, and set up right for residency right of cutting apart and investment securities.
This method can comprise further that residency right is entrusted and the sale step, it is by real estate stock brokerage services device or real estate securitisation server, provide information to the external management company that off-line real estate manager (brokering) is provided about residency right for sale, and when the information received from external management company about the residency right sold, by real estate securitisation server, with this information updating right.
Description of drawings
By describing preferred illustrative embodiment of the present invention with reference to the accompanying drawings in detail, of the present invention above and other purpose, feature and advantage will become clearer to those of ordinary skill in the art, wherein:
Fig. 1 is the structural drawing that notion of the present invention is shown;
Fig. 2 is the concept map of cutting apart that illustrates according to property right right of the present invention;
Fig. 3 is the concept map with bonus cut apart that illustrates according to property right right of the present invention;
Fig. 4 is the schematic diagram that illustrates according to the real property transaction system of the use real estate trust of exemplary embodiment of the invention;
Fig. 5 is the structural drawing that illustrates according to the real estate securitisation server of exemplary embodiment of the invention;
Fig. 6 is the structural drawing that illustrates according to the real estate stock brokerage services device of exemplary embodiment of the invention;
Fig. 7 is the process flow diagram that illustrates according to the real property transaction method of the use real estate securitisation of exemplary embodiment of the invention;
Fig. 8 illustrates the request of real estate securitisation; And
Fig. 9 illustrates real estate right logbook.
Embodiment
Hereinafter, will describe illustrative embodiments of the present invention with reference to the accompanying drawings in detail.The invention is not restricted to following public embodiment, but can realize by various forms.Following embodiment is described, so that make those of ordinary skill in the art can specialize and put into practice the present invention.
Fig. 1 illustrates the notion of real estate securitisation.Though described illustrative embodiments of the present invention about real estate, system and method for the present invention is applicable to the chattel real that can be entrusted, take or invest by the individual, for example vehicle, boats and ships, artistic work, antique etc.
With reference to figure 1, assets holder 10 sells his or her real estate to real estate special purpose vehicle 20.In this case, assets holder 10 can sell praedial plena proprietas, corresponding to the residency right of more proprietorial property rights or the residual equity except that residency right.
Real estate special purpose vehicle 20 or independent real estate trust company are registered as on the Immovable Property Registration book and sell the praedial owner.Residency right and investment securities holder's record can find from the trust logbook of real estate special purpose vehicle 20 or trust company.
That is to say that real estate is registered with the name of real estate special purpose vehicle 20 or trust company rather than with the actual occupant that holds the property right right and investor's name, disposes or executes so that avoid saving from damage.This has stoped proprietorial dispute, thereby protects this property right right reliably.
Real estate special purpose vehicle 20 is divided into the residency right and the capital authority with praedial plena proprietas.Residency right produces the right of using real estate and receiving income, and the capital authority further is dividing in the investment securities with per share price that real estate stock exchange 30 lists, and is sold to the investor.Residency right can be sold in real estate stock exchange 30.
The residency right holder who has soil, warehouse or buildings rather than apartment entrusts to independent real estate management company 50 with such real estate, because he or she is not easy to manage such real estate as individuality.In this case, the residency right holder can obtain to remove the earned income on leases outside the commission that offers real estate management company.Simultaneously, real estate special purpose vehicle 20 can have so praedial residency right, and expectation obtains from the earned income on leases of residency right or uses income.Real estate management company 50 carries out the real estate franchised dealer of off-line real estate manager or real estate agent broker's association.This allows to facilitate residency right to sell, and at this moment the buyer need visit the real estate agent broker, so as to produce praedial sale request (by bonus or with property right right holder's agreement) or buy residency right.
Real estate special purpose vehicle 20 divides and cuts off residency right property right residual equity in addition, the distribution investment securities by considering praedial price, right of priority etc.For example, when 51% was assigned to residency right, this needed 51% property right, and () security for sale for example, 10000 stocks, per share have its face amount to real estate special purpose vehicle 20 corresponding to 49% property right in 30 distribution of real estate stock exchange.
In this case, praedial price can be estimated by assets assessment mechanism 40, to reflect praedial estimated price.Simultaneously, assets assessment mechanism 40 can provide praedial estimated price with 30 cooperations of real estate stock exchange when carrying out security exchange, and upgrades appreciation information with the selling price of selling security.
Simultaneously, when cutting apart residency right and investment securities, real estate special purpose vehicle 20 is set at 51% of the whole property rights of real estate with the property right of residency right.Can change the property right of residency right.In having the contiguous real estate of similar value, property right number percent can be different.
Investment securities is to be concluded the business in real estate stock exchange 30 by the law of demand and supply firm price.In such transaction, allow the real estate of investor's direct investment in expectation, these are different with existing real estate indirect investment.The price of specific praedial investment securities is changed in real time by the investor who is subject to the influence of praedial current value and future value.The price of investment securities depends on indivedual praedial situations and position, and it causes real estate to have trickle, accurate and real-time price.Therefore, very difficult basis is only advised the simple existing real estate pricing information of simple reference, determines the price of indivedual investment securitieses.In the exemplary embodiment, comprise that the value of the real estate investment security of bonus power is calculated exactly, and when security during by actual selling, value information is fed to assets assessment mechanism 40, is used for assessing more accurately indivedual real estate.
When real estate must be sold (by satisfying of the agreement in the middle of all investment securities holders and residency right holder or other lawful condition) with cash, praedial transaction funds can be used as with the proportional bonus of property right number percent and provides.In this case, because the residency right holder directly uses real estate or obtains earned income on leases, the investment securities holder preferably has the more bonus ratio than residency right holder.Splitting ratio between residency right and the investment securities and bonus ratio can be determined when real estate special purpose vehicle 20 is divided into residency right and investment securities with the property right right.
Simultaneously, when cutting apart the property right right, real estate special purpose vehicle 20 can set splitting ratio, bonus ratio, residency right buyer condition (it can be individually or be default according to national policy), sell the part in condition (can forbid that the residency right holder sells residency right in one period schedule time after buying residency right again), bonus date and the bonus requirements of time.Simultaneously, when selling request, assets holder 10 can ask to set the part in sales value and the above-mentioned optional condition (for example, splitting ratio and bonus ratio).
Fig. 2 is illustrated in according to the scheme of exemplary embodiment of the invention and praedial general indirect investment scheme or produces the concept map of the difference between the vanilla transaction scheme of leasehold of residency right.As shown in Figure 2, in order to sell real estate, real estate special purpose vehicle or trust company become praedial ownership, and according to the information from assets assessment mechanism, the property right right is divided into the residency right and the capital authority, so that prepare for concluding the business as security.
Different with praedial general indirect investment, this security exchange set-up procedure produces the residency right and the capital authority of separating of making the second transaction object as the first transaction object.Different with general leasehold, residency right is held the direct right to a part of real estate right, for example receives the bonus power of bonus from praedial capital gains.Simultaneously, the investment securities that the capital authority is divided into and is listed, circulates in real time, it produces bonus and capital gains, and because according to real estate feature existence price drops by a small margin, thereby guarantee stable investment.
Therefore, the present invention has realized stable inhabitation and investment, thereby makes the residency right holder satisfied, and is different with existing (for a long time) lease.National policy is to no house person's failure, and for example half price apartment or long-term apartment lease are because the apartment is based upon unwelcome area, and do not have investment value, just produces cost and the devaluation that separates after living in the apartment.In addition, this policy poorly consumes governmental fund.Illustrative embodiments of the present invention can address these problems.
That is to say that illustrative embodiments of the present invention is applicable to existing house or apartment and new apartment, and district or new and old house indiscriminatingly.According to the present invention, because actual occupant and investor buy praedial property right right, government needn't provide the fund support.In addition, the present invention is by real-time security sale, can make the occupant aspect investment and the stable inhabitation and make the investor in the target investment, fast realize aspect income and the capital turnover satisfied.
Fig. 3 illustrates the detailed difference between illustrative embodiments of the present invention and the praedial general indirect investment.With reference to figure 3, praedial general indirect investment refers to assemble investment funds, invests this fund, and the bonus income is distributed to the investor equably, shown in the top part of accompanying drawing, wherein do not consider from praedial use income.Yet illustrative embodiments of the present invention comprises: with certain capital fund A and the capital fund B that is assembled, invest in residency right and use income and bonus to obtain real estate, and invest in the capital authority to obtain bonus; And bonus is provided, so that regulate capital income and real estate use income, shown in the bottom part of accompanying drawing.In addition, the capital authority is by securitisation, and security are listed.This can produce big market by the security exchange of carrying out at any time, the fund of recouping capital outlay, and obtain benefited.
Fig. 4 is the structural drawing that illustrates according to the real property transaction system of exemplary embodiment of the invention.With reference to figure 4, the real property transaction system comprises real estate securitisation server 161, management database 162, real estate stock brokerage services device 121, transaction data base 123, assets assessment server 171, real estate Pricedata 172, negotiator's terminal seller terminal 140, occupant's terminal 181 and investor's terminal 191.
Real estate securitisation server 161 can be bought real estate, praedial property right right is divided into residency right and the investment securities (real estate securitisation) that respectively has the Different Red economic rights, manage the right and the bonus of each security, with the information of real estate stock brokerage services device 121 exchanges about the change of property right right, receive real estate marketing information (when by 121 requests of real estate stock brokerage services device during) at the sale of real estate securitisation, the securitisation real estate, set up the property right right, and the information about the property right right is provided.Management database 162 storage titless to real estate (entitlement database); Be recorded in information on the Immovable Property Registration book, be recorded in information and management condition information (real estate database) on the management accounts volume; And about the information of chattel real, for example object (chattel real database) that provides real estate to occupy contribution to profit except that real estate.Certainly, information about firms and information about the commission relevant with right change, expense, tax etc. also can be managed by database.
Here, management condition can be divided into residency right and investment securities at real estate and set up at that time or later on, and can revise afterwards.Management condition information comprises the bonus ratio and on sales terms, bonus requirements or date etc. of the buyer of buyer's condition of the residency right of right that produce to use property and the bonus ratio between the investment securities, residency right, residency right.In these conditions some can be specified by the seller, are used to increase selling price.
For example, the property right right of residency right can be set at 51%.Bonus ratio between residency right and the investment securities can be set at 30:70.The buyer of residency right can be set at no house person, and it is the first top-priority people, and supports two or more members (according to national policy) of his or her family.Selling under the situation of time conditions, banning the sale of residency right in 7 years after obtaining residency right, and the property right right that allows to be used to invest is cut apart immediately after acquisition property right right and sold.By this way, to influence of society etc., can determine management condition according to the transformation of reflection praedial type and price, real estate policy, real estate.The activation in management condition scalable real estate market and stable level.Simultaneously, by the agreement that whole property rights are sold, maximum property right is sold, bonus distributes, property right right holder is middle, the variation of service policy etc., can change management condition.
Real estate stock brokerage services device 121 is connected to real estate securitisation server 161 and assets assessment server 171.Real estate stock brokerage services device 121 provides about the investment securities listed (if necessary, comprise residency right) information and about (for example by negotiator's terminal, occupant's terminal 181 or investor's terminal 182) ask the information of the property right right of sale (to comprise the setting that influences price, for example residency right splitting ratio and bonus ratio), together with present price.In addition, when (for example receiving from negotiator's terminal, occupant's terminal 181 or investor's terminal 182) the purchase request time, real estate stock brokerage services device 121 is based on property right right and buyer's information, according to predetermined management condition, determine the right and the distribution of income rate of the admissible property right of transaction, use property.And real estate stock brokerage services device 121 provides the change of the property right right that is caused by transaction to real estate securitisation server 161.That is, on behalf of the seller, real estate stock brokerage services device 121 carry out the transaction of the praedial property right right of securitisation, and provides and make property right right holder can sell the function of its property right right (that is, make property right right circulation) again.
For top service is provided, real estate stock brokerage services device 121 can comprise transaction data base 123, and it is used to store contract information that property right sells, property right information, about being recorded in praedial information and the management condition information (real estate database) on the register; Comprise that the right that is recorded in the information on the trust logbook sets up information; Information about the expense that comprises commission and tax; The Transaction Information that property right is sold; And bonus information.Transaction data base 123 can further comprise the information about firms database that is used to manage information about firms, database, buyer's information database and the seller information database that is used to manage purchase and sells solicited message.
Simultaneously, structure shown in can be along with residency right conclude the business sale and purchase scheme and be used to shift the real estate purchase scheme of titles to real estate and change.
For example, when real estate was all entrusted to real estate stock brokerage services device 121, seller terminal 140 was connected to real estate securitisation server 161 by real estate stock brokerage services device 121, thereby had eliminated connecting needs 1..Simultaneously, if 140 of seller terminals carry out the passing of title by real estate securitisation server 161, then connecting 2. may be dispensable.
In addition, when on behalf of the buyer, real estate stock brokerage services device 121 sell residency right or do not sold, 3. or 4. possibility was dispensable in connection.
Real estate securitisation server 161 is cut apart praedial property right right, lists investment securities, changes right by sales of investment securities, sells residency right with predetermined scheme, and shifts right.Shift in order to carry out stable right, real estate securitisation server 161 must obtain praedial entitlement.Yet this requires real estate securitisation server 161 to buy real estate with the price of real estate seller request.Therefore, real estate securitisation server 161 need be used to buy praedial capital, and faces residency right or sales of investment securities and postpone the burden that increased in the time of maybe can not finishing.
In order to reduce the heavy burdens, in the exemplary embodiment, real estate securitisation server 161 is the securitisation real estate when receiving praedial sale request from the seller, by real estate stock brokerage services device 121 transaction investment securitieses, and signs a contract with the buyer.The contract of residency right is signed in independent mode or by real estate stock brokerage services device 121.If praedial contract (for example reaches predetermined level, covering price 80%), then real estate securitisation server 161 can mortgage contract (5.) so that be used to buy praedial fund to financial server 169 debt-credits, and provide with funds to obtain for seller terminal 140 to praedial entitlement.Real estate securitisation server 161 can be followed based on contract sales of investment securities and residency right, and provides right safely to the corresponding buyer.If the management company of real estate securitisation server 161 has its fund, then it is provided with funds to seller terminal 140, rather than from financial server 169 loan funds.The burden that this can alleviate to passing of title time and capital real estate securitisation server 161.
Certainly, all property right rights signed a contract be used for selling after, transferable entitlement can be set up right, can then fund be offered the real estate seller.Yet when the time overtime, this is an adverse condition to the seller and the property right buyer.
Fig. 5 is the structural drawing that illustrates according to the real estate securitisation server 200 of exemplary embodiment of the invention.With reference to figure 5, real estate securitisation server 200 optionally comprises sale information management device 210, its be used for receiving splitting ratio between praedial selling price, residency right and the investment securities and the bonus ratio between residency right and the investment securities at least one as marketing information, and receive praedial purchase request; Transaction request device 222, it is used for providing marketing information from sale information management device 210 to real estate stock brokerage services device, with the requests transaction contract; And right foundation/search unit 221, it is used to receive the closing the transaction information from real estate stock brokerage services device, pay praedial transaction funds, shift right, request real estate stock brokerage services device is carried out the transaction of having signed, and provides right information when receiving right inquiry request.
Further, real estate securitisation server 200 optionally comprises trading approving person 212, it is used for ratifying transaction by the validity that approval is sold possibility or sold request; Contract/transaction processor 211, it is used for processing contract and transaction in fact; Management company's manager 223, it is used for residency right is entrusted to the management company that off-line real estate manager can be provided, and receives marketing information from management company, and request change right; Assets assessment manager 224, it is used to obtain assets value information, cuts apart residency right and investment securities to cooperate with the assets assessment server; And bonus provides device 225, and it is used to manage provides the bonus of the bonus date.
Simultaneously, real estate securitisation server 200 optionally comprises controller 220 and is used for that information is transmitted into external server and receives the information transceiver 230 of information from external server.
Fig. 6 is the structural drawing that illustrates according to the real estate stock brokerage services device 300 of exemplary embodiment of the invention.As shown in Figure 6, real estate stock brokerage services device 300 is cooperated with real estate securitisation server, assets assessment server, management company's server and personal information inquiry server.
At first, real estate stock brokerage services device 300 comprises sale information management device 300, and it is used to manage property right or praedial marketing information; Property transaction manager 320, it is used to provide the property right marketing information, and receives sale and buy request; Property right information provider 334, it is used to provide the information about praedial property right right, together with present price and bonus ratio; Contract/transaction processor 321, it is used for receiving when buying request, relatively buyer's information and praedial management condition, determining whether the allowing buyer to buy real estate, and when the permission buyer buys real estate, processing contract or transaction; Right relation processor 322, it is used for according to the result from contract/transaction processor 321, produces the information about the right relation change that will offer the buyer and real estate securitisation server; Transaction funds processor 335, it is used for coming the payment transaction fund according to the result from contract/transaction processor 321; And expense processor 333, it is used for the tax and the commission of computational costs individually, and defrayment.
Real estate stock brokerage services device 300 further comprises real estate securitisation processor 341, and it is used to ask real estate securitisation server to sell real estate, or receives real estate property right information from real estate securitisation server; Right information renovator 342, it is used for and the information of real estate securitisation server exchange about the change of property right right; Assets assessment manager 343, it is used for and will feeds back to the assets assessment server by selling the property right pricing information that successfully produces; Management company's manager 344, it is used for providing information about residency right for sale to the external management company that off-line real estate manager is provided, and receives the information about the residency right of selling, and the approval transaction event; And information transceiver 350, it is used for coupling assembling and real estate securitisation server, assets assessment server, personal information inquiry server (need be used for determining whether to satisfy right condition) and management company's server.
Real estate stock brokerage services device 300 can further comprise controller 340, it is used for making in Management Unit the input and output of assembly to be connected to each other, provide and determine or the required information of computing function, search for and provide and upgrade transaction data base 123 from the necessary information of transaction data base 123 or with output information, and the execution processing relevant with bonus.
Simultaneously, right information renovator 342 can further comprise right Notification of Changes device, it is used for when having the change of property right right, for example by Email, short message, speech message or Multimedia Message, comes to notify right change state to the holder who holds praedial property right right.Right foundation/search unit 221 shown in Fig. 5 can replace with right Notification of Changes device.
Pricing information manager 343 provides the property right marketing information that is produced by Transaction Success to the assets assessment server, and the assets assessment server can upgrade existing assets assessment information with the property right marketing information.
Property right information provider 334 record property right rights and by the selling price of seller's appointment, and provide this information together with pricing information and bonus information.Contract/transaction processor 321 can be concluded the business behind the use contract, transaction and competitive bidding immediately, carries out the property right right and sells.
When over and done with as the time restriction of trust condition or when realizing as the target yield of trust condition, controller 340 provides the bonus from capital gains.In this case, the dividend rate of the property right right of the right of generation use property is less than the dividend rate of the property right right that is used to invest.Simultaneously, when real estate is the house that is used to live, have only capital gains to be provided as bonus, and when real estate be that commercial establishment, office building are maybe can produce the parking lot of income the time, can a part of income be provided as bonus according to predetermined a period of time.In this case, different with the bonus from capital gains, bigger bonus can offer the real estate user by using real estate to contribute income.Perhaps, the bonus that such information relevant with bonus can offer real estate securitisation server provides device, so that bonus is provided.
System can further comprise the unit (not shown) that is used to provide praedial geography information or price transition information.
Fig. 7 is the process flow diagram that illustrates according to real property transaction method of the present invention.
According to the real property transaction method of the use real estate securitisation of exemplary embodiment of the invention, be a kind of being used between the seller and the buyer, to provide the real property transaction service method by the bidirectional data communication network.
At first, the seller is by seller terminal visit real estate special purpose vehicle server, and provides information about real estate for sale (for example, apartment, house, office building or commercial establishment) to real estate special purpose vehicle server.For example, by using the network file on the website, can easily provide this information.By this way, the seller entrusts real estate special purpose vehicle server to sell this real estate.
Real estate special purpose vehicle server and child servers can be on the network that is used for real estate sale/trust program to seller's request form that offers for sale.Sell personal information (for example, ID (identity number) card No., name, address etc.) and identification document (being attached in the request) that the request form can comprise for example praedial sign, type of right (for example, the residency right and the capital authority), sale/purchase, requestor.This request can further comprise the address of property, praedial type (for example, office building, commercial establishment, vacant lot) or the like.
The ratio of residency right and investment securities can be determined by the real estate special purpose vehicle according to the comment from assets assessment mechanism, or can be specified by the assets holder.In this case, because assets holder may wish to hold the residency right or the capital authority when selling his or her real estate, except the ratio of the residency right holder and the capital authority, can specify also that the capital authority is cut apart, the bonus ratio of capital gains and suitable selling price (when being lower than standard, the trading approving person may disapprove these appointments).Record purchase/sale request form by information, and this request is sent to real estate securitisation server, sell and to ask to sell real estate necessity.Server provides request recording method and relevant explanation.Preferably, server is supported consulting service, so that provide about the purposes of the residency right and the capital authority and the details of function by website, Email, mobile phone, wire telephony, bulletin board and off-line consulting room.
Fig. 8 illustrates the example of such real estate securitisation request.This request is simple example just, and if necessary can be modified.The request of real estate securitisation comprises the address and the praedial type of property, so that limit the real estate of securitisation.If possible, the request of real estate securitisation can further comprise the title of buildings, so that promote this qualification.
Real estate special purpose vehicle or independent real estate trust company are registered as the owner of real estate securitisation.Residency right holder and investor's property right number percent and bonus number percent can find from trust logbook (or right logbook).Residency right holder and investor can be by different colour codes.In addition, residency right holder and investor can be by its security signs.Actual security are made with different colors, with the type of easy identification right.This process allows original legal individual that the third party is appointed as the residency right holder.The securitisation request need be determined the property right number percent of residency right and investment securities.And also can determine and write down corresponding bonus number percent individually.Can write down the price of a stock of whole stocks of the investment securities of being issued and investment securities.If do not write down these, then determine this information according to various standards by the real estate special purpose vehicle.
According to the present invention, real estate special purpose vehicle server can produce and store trust register (not shown), and can cooperate with real estate special purpose vehicle server and manage and upgrade the trust register, the change of the property right right of specific praedial residency right, the capital authority and circulation can be recorded on this trust register.In addition, real estate special purpose vehicle server can allow the content that the member is free or defrayment is read the trust register.By the trust registration that real estate special purpose vehicle server of the present invention provides, can have with the Immovable Property Registration or the trust that in fact provide and register similar form by Korea S higher court.
The seller asks to sell specific real estate or entrusts this real estate, and it is worth is then determined by assets assessment mechanism.Must determine praedial current value exactly, be cut apart and when circulating on market, do not have out in the cold as this real estate of investment object with the praedial property right right of box lunch.The right standard can be consulted or utilizes corresponding title to consult from the trust register.Preferably, right registration comprises praedial details.
Residency right holder and have the investor's of investment securities details is preferably recorded independent real estate right logbook.
Thereafter, the real estate special purpose vehicle is to the information that can provide by a plurality of investor's terminals of access to netwoks real estate special purpose vehicle about a plurality of property right rights, and sell the property right right, each property right right all comprises at least a portion of the right relevant with real estate.Here, this property right right can be indicated specific praedial entitlement property right.For example, salable minimum property right can comprise 50%, 10%, 5% and 1%.This property right can be divided into the residency right and the capital authority, and praedial present price is 100%.The property right right can be used as certificate and offers the buyer.The right of each certificate shifts and can for example manage by transfer process.Simultaneously, investment securities is the version of cutting apart of the capital authority, that is, the capital authority is divided into the share of predetermined quantity, and listed in the real estate security exchange.
The owner of investment securities has only the part of investment property right,, receives the right of predetermined bonus at special time from praedial capital gains that is, rather than directly occupies and use the right of property.In addition, the owner of investment securities can be in the exchange acquisition and the sale of securities.
(for example, selling and buy the scheme of residency right and the scheme of selling and buy residency right from the real estate special purpose vehicle by the off-line real estate agent broker) can be sold and buy to residency right with above-mentioned various schemes.For example, residency right can be sold by real estate stock exchange.In this case, residency right can be regarded as security, and is not cut apart and be used for selling, and is different with the general investment securities that can freely be cut apart and merge.
Thereafter, if satisfy predetermined bonus requirements, then offer residency right holder and capital authority holder as bonus with estimated rate from praedial income, for example, these bonus requirements can be the termination of preset time restriction or the increase that the real estate present price surpasses set price.When real estate is not listed and be sold to the third party, can carry out bonus step is provided by offering residency right holder and capital authority holder as bonus from praedial income.In essence, capital authority holder sales at an exchange his or her security to obtain income.Yet under the liquidated particular case of real estate, this income can be used as bonus and offers each security owner.
When buying real estate, bonus number percent can be determined according to real estate special purpose vehicle, assets assessment mechanism and the seller's suggestion, and use immediately when new real estate is sold.In addition, according to the real estate policy of government, can use the number percent of the residency right and the capital authority neatly.
Comprise the step that makes the circulation of property right right according to the method for the preferred embodiment for the present invention, the property right right comprises residency right.That is to say that before the income bonus was provided, capital authority holder can be in the listed his or her property right right that is used to circulate of real estate security exchange.Residency right also can circulate in real estate stock exchange.This step comprises property right right circulation step, and it is sold to the property right right by real estate stock brokerage services device can be by a plurality of investor's terminals of network connection.The capital authority can be concluded the business as stock, because it is divided into several security for sale.The security seller proposes the selling price of his or her stock and the quantity of sale, and the buyer also proposes the buying price of stock and the quantity of purchase.This transaction List Table is provided in real time, and when purchase order meets the sale order, carries out to Transaction Success.Therefore, the value of investment securities a stock is along with in exchange's firm price and real-time change.
Make a profit because the investor only wishes to receive investment, he or she can sell the property right right rather than wait for the reception bonus, so that regain the fund that he or she invests in the property right right.In addition, according to the present invention, the investor is cut apart according to desired amt and the property right right that circulates.Therefore, the investor can regain the investment of desired amt in the period of expectation, thereby has increased the degree of freedom of real estate investment.
Fig. 9 illustrates the embodiment according to real estate right logbook of the present invention.The praedial residency right holder and the investment securities owner are recorded to independent real estate right logbook, and above-noted has praedial details.
For example, real estate right logbook uses praedial address and building name to limit real estate.The property right number percent of praedial residency right and investment securities is recorded to real estate right logbook, so that the property right of sign security.
In addition, residency right holder and the investor who has investment securities together with the property right number percent of investment securities, are recorded in the lower row of real estate right logbook.
As mentioned above, according to the present invention, the people who wishes to live on the real estate can hold real estate to half real estate price by payment is almost few, and he only wishes the people of investment can be between the time horizon of vestment of expectation with the capital investment of desired amt in real estate, and regain his or her investment easily.This can promote the investment in the real estate, and permission real estate capital is open and be used for factory, thereby creates new real estate market.The present invention can be widely used in the real property transaction field.
According to the present invention, the real estate special purpose vehicle is bought real estate, and the capital authority that praedial right is divided into residency right and concludes the business as investment securities in real estate stock exchange, the same with standard security, residency right has different bonus number percents with the capital authority, live on this property by a part of only paying the real estate price so that wish the actual buyer who lives, and wish that the people of investment is that the property right of obtaining expectation is invested in real estate.
Therefore, the residency right buyer can obtain praedial entitlement by only paying the part of real estate price, and carries out the part of his or her property right right, and to receive the bonus of setting, these are different with the contract of lease of property.In addition, fund does not have for a long time occupied in real estate, and the investor can be with more a spot of capital investment in specific real estate.
Particularly, residency right has percentage, only is used for satisfying for the demand of living and for living and the demand of bonus, and this is to live on this property and realize by making the people who wishes actual inhabitation pay a spot of fund.That is, the present invention can satisfy all requirements of various investors.
In addition, be used to provide the server of real estate securitisation service will praedial entitlement for sale to be divided into the residency right and the capital authority of each tool difference bonus number percent, come the formulation contract with power of sale by the stock brokerage services device, based on contract buy real estate, obtain entitlement, set up right, and based on contract sell the residency right and the capital authority, thereby alleviate the real estate special purpose vehicle is bought praedial burden, and increase the reliability that right obtains.
And different with the real estate that price fluctuates fully because the price of investment securities forms in securities trading market, the investor is allowed to even at bonus before the date, circulates by investment securities and realizes income.Praedial price reflection security price, thereby produce praedial real price.
Though reference specific exemplary embodiments of the present invention shows and has described the present invention, it will be understood by those skilled in the art that the various variations that wherein can carry out on form and the details, and do not depart from the spirit and scope of the present invention that are defined by the following claims.
Claims (13)
1. a real property transaction system is used to use the negotiator's terminal that connects by communication network to carry out securitisation real estate property right and sells, and described system comprises:
Real estate securitisation server, it is used to buy real estate, praedial property right right is divided into residency right and the investment securities that respectively has the Different Red economic rights, and the right and the bonus of management security;
Real estate stock brokerage services device, its be used to provide from described real estate securitisation server about the information of investment securities and from described negotiator's terminal about the information of sales of investment securities and about the information of praedial estimated price, in response to cutting apart from the purchase request of described negotiator's terminal and buying investment securities and result's change that right is provided to described real estate securitisation server;
The assets assessment server, it is used for providing about the information corresponding to the praedial estimated price of investment securities to described real estate stock brokerage services device.
2. the system as claimed in claim 1, wherein said real estate securitisation server further comprises the right builder that is used for praedial property right right is divided into residency right and investment securities, and
Described right builder is determined the bonus ratio between property right right ratio, residency right and the investment securities between residency right and the investment securities, buyer's condition of residency right holder, the condition of selling the time and at least one in the condition on bonus date according to predetermined standard.
3. system as claimed in claim 2, wherein said real estate stock brokerage services device provides about the information of residency right and the residency right bonus that is provided by described real estate securitisation server or provided by the sale request from described negotiator's terminal, the predetermined purchase restricted information of residency right is provided, in response to buying residency right from the purchase request of described negotiator's terminal, and provide result's change of right to described real estate securitisation server.
4. the system as claimed in claim 1, wherein said real estate securitisation server comprises the right builder, described right builder is used for according to the praedial value information that will buy by described assets assessment server acquisition, determines residency right, investment securities and bonus power.
5. the system as claimed in claim 1, wherein said real estate securitisation server comprises:
The sale information management device, its be used for receiving splitting ratio between praedial selling price, residency right and the investment securities of wanting purchased and the bonus ratio between residency right and the investment securities at least one as marketing information, and receive praedial purchase request;
The transaction request device, it is used for providing described marketing information from described sale information management device to described real estate stock brokerage services device, with the requests transaction contract; And
The right builder, it is used to receive closing the transaction information from described real estate stock brokerage services device, pays praedial selling price, and shift right, the described real estate stock brokerage services device of request is carried out the transaction of signing.
6. the system as claimed in claim 1, wherein said real estate stock brokerage services device comprises:
The property right information provider, it is used to provide information about praedial property right right together with present price and bonus ratio;
The property transaction manager, it is used for providing information from described property right information provider to described negotiator's terminal, and receives and sell and buy request;
Transaction processor, it is used for when receiving the purchase request that receives by described property transaction manager, the standard of buyer's information and reservation relatively, determining whether the allowing buyer to buy real estate, and when the permission buyer buys real estate, processing contract or transaction;
The right relation processor, it is used for according to the result from described transaction processor, produces the information about the right relation change that will offer the buyer and described real estate securitisation server; With
Selling price and cost processor, it is used for coming the payment transaction fund according to the result from described transaction processor, and tax in assessing the cost separately and commission.
7. the system as claimed in claim 1, wherein said real estate stock brokerage services device comprises:
Real estate securitisation processor, it is used for from the request of described real estate securitisation server reception to the transaction of residency right or investment securities, or asks praedial securitisation;
The right information renovator, it is used for and the information of described real estate securitisation server exchange about the change of property right right; With
The assets assessment manager, it is used for when selling successfully, gives described assets assessment server with the pricing information and the bonus information feedback of residency right or investment securities.
8. system as claimed in claim 7, wherein said real estate stock brokerage services device or described real estate securitisation server comprise management company's manager, it is used for providing information about residency right for sale to the external management company that off-line real estate manager is provided, and the information about the residency right sold of receiving is with the approval transaction event.
9. the system as claimed in claim 1, wherein when selling successfully, described real estate stock brokerage services device feeds back to described assets assessment server with selling price information and bonus rate information, and described assets assessment server upgrades existing appreciation information with described feedback information.
10. one kind at real estate be connected to the real property transaction method of carrying out between the property transaction people terminal of communication network, and described method comprises:
Real estate securitisation step, it is according to praedial information and praedial assets assessment information about being provided by seller terminal, by real estate securitisation server, praedial property right right for sale is divided into respectively has residency right and the investment securities that Different Red Libiee leads;
Security circulation step, it is by real estate stock brokerage services device, reception is from the investment securities information of described real estate securitisation server or from the marketing information of the investment securities of negotiator's terminal, provide described investment securities information together with described assets assessment information to described negotiator's terminal, and provides the right modification information that is produced by selling to described real estate securitisation server;
The right step of updating, it uses the right information that upgrades real estate property right right from the described right modification information of described real estate securitisation server reception by described real estate securitisation server; And
Bonus provides step, and it by described real estate securitisation server, provides the bonus of residency right and investment securities with predetermined different bonus number percents when satisfying predetermined bonus requirements.
11. method as claimed in claim 10, further comprise residency right circulation step, it is by described real estate stock brokerage services device, to described negotiator's terminal provide from the residency right information of described real estate securitisation server or from the residency right information of described negotiator's terminal together with described assets assessment information, in response to carrying out transaction from the buyer's who satisfies predetermined purchase condition purchase request, and provide the right modification information to described real estate securitisation server.
12. method as claimed in claim 10 further comprises:
Step is provided, it is by described real estate stock brokerage services device, provide from the residency right of described real estate securitisation server and investment securities information, formulate sales contract to described negotiator's terminal, and provide contract information to described real estate securitisation server; And
Registration right establishment step, when it satisfies predetermined standard when the sales contract of receiving,, based on contract buy real estate from the seller by described real estate securitisation server, obtain praedial entitlement, and set up the residency right cut apart and the right of investment securities.
13. method as claimed in claim 10 further comprises:
Step is entrusted and sold to residency right, it is by described real estate stock brokerage services device or described real estate securitisation server, provide information to the external management company that off-line real estate manager is provided about residency right for sale, and when the information of receiving from described external management company about the residency right sold, by described real estate securitisation server, with described information updating right.
Applications Claiming Priority (4)
| Application Number | Priority Date | Filing Date | Title |
|---|---|---|---|
| KR20070134866 | 2007-12-21 | ||
| KR1020070134866 | 2007-12-21 | ||
| KR1020080005552 | 2008-01-18 | ||
| KR1020080014557 | 2008-02-18 |
Publications (1)
| Publication Number | Publication Date |
|---|---|
| CN101464988A true CN101464988A (en) | 2009-06-24 |
Family
ID=40805557
Family Applications (2)
| Application Number | Title | Priority Date | Filing Date |
|---|---|---|---|
| CNA2008100065231A Pending CN101464987A (en) | 2007-12-21 | 2008-02-28 | Real estate transaction system using real estate trust and method thereof |
| CNA2008100893294A Pending CN101464988A (en) | 2007-12-21 | 2008-04-24 | Real estate transaction system using real estate securities and method thereof |
Family Applications Before (1)
| Application Number | Title | Priority Date | Filing Date |
|---|---|---|---|
| CNA2008100065231A Pending CN101464987A (en) | 2007-12-21 | 2008-02-28 | Real estate transaction system using real estate trust and method thereof |
Country Status (2)
| Country | Link |
|---|---|
| CN (2) | CN101464987A (en) |
| MY (1) | MY145559A (en) |
Cited By (6)
| Publication number | Priority date | Publication date | Assignee | Title |
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| CN107111851A (en) * | 2014-11-03 | 2017-08-29 | 金寿吉 | Real estate is associated and the asset management system with pattern of fusion earnings structure with movable property |
| CN107451937A (en) * | 2017-08-02 | 2017-12-08 | 罗云亮 | A kind of right to use of real estate and the method for commerce of usufruct and corresponding network system |
| CN107615329A (en) * | 2015-06-10 | 2018-01-19 | 索尼公司 | Information processor, information processing method and program |
| CN109872236A (en) * | 2019-01-29 | 2019-06-11 | 珠海金慧科技有限公司 | A kind of method of natural person's securitization transactions |
| CN110827023A (en) * | 2018-08-13 | 2020-02-21 | 缇格特索科特韩国有限公司 | System and method for trading assets between parties based on asset tokenization |
| CN110889766A (en) * | 2019-10-23 | 2020-03-17 | 山东上都荣科电子商务有限公司 | Commercial real estate fragmented sale method, device, terminal and storage medium |
Families Citing this family (2)
| Publication number | Priority date | Publication date | Assignee | Title |
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| CN106355494A (en) * | 2016-08-26 | 2017-01-25 | 上海鸣泰信息科技股份有限公司 | Consumption trust product operation management method and system |
| CN111709838B (en) * | 2020-06-05 | 2024-01-30 | 海南国际知识产权交易所有限责任公司 | Transaction method based on intellectual property standardized digital asset and related equipment |
-
2008
- 2008-02-01 MY MYPI2010002323A patent/MY145559A/en unknown
- 2008-02-28 CN CNA2008100065231A patent/CN101464987A/en active Pending
- 2008-04-24 CN CNA2008100893294A patent/CN101464988A/en active Pending
Cited By (8)
| Publication number | Priority date | Publication date | Assignee | Title |
|---|---|---|---|---|
| CN107111851A (en) * | 2014-11-03 | 2017-08-29 | 金寿吉 | Real estate is associated and the asset management system with pattern of fusion earnings structure with movable property |
| CN107111851B (en) * | 2014-11-03 | 2020-12-15 | 金寿吉 | Asset management system having integrated revenue structure for real and dynamic property association |
| CN107615329A (en) * | 2015-06-10 | 2018-01-19 | 索尼公司 | Information processor, information processing method and program |
| US11461858B2 (en) | 2015-06-10 | 2022-10-04 | Sony Corporation | Information processing device, information processing method, and program |
| CN107451937A (en) * | 2017-08-02 | 2017-12-08 | 罗云亮 | A kind of right to use of real estate and the method for commerce of usufruct and corresponding network system |
| CN110827023A (en) * | 2018-08-13 | 2020-02-21 | 缇格特索科特韩国有限公司 | System and method for trading assets between parties based on asset tokenization |
| CN109872236A (en) * | 2019-01-29 | 2019-06-11 | 珠海金慧科技有限公司 | A kind of method of natural person's securitization transactions |
| CN110889766A (en) * | 2019-10-23 | 2020-03-17 | 山东上都荣科电子商务有限公司 | Commercial real estate fragmented sale method, device, terminal and storage medium |
Also Published As
| Publication number | Publication date |
|---|---|
| CN101464987A (en) | 2009-06-24 |
| MY145559A (en) | 2012-02-29 |
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Application publication date: 20090624 |