Real estate transaction system using real estate securities and method thereof

• US 8,065,215 B2
• Filed: 04/16/2008
• Issued: 11/22/2011
• Est. Priority Date: 12/21/2007
• Status: Active Grant

• Current Assignee: Hyun Jin Youn
• Original Assignee: Hyun Jin Youn
• Inventors: Yoon, Ho Won
• Primary Examiner(s): Badii; Behrang
• Application Number:
  US12/103,888
• Publication Number:
  US 20090164360A1
• Time in Patent Office: 1,315 Days
• Field of Search: 705/35, 705/42, 705/10, 705/39
• US Class Current: 705/36.R
• CPC Class Codes: G06Q 20/10 specially adapted for electronic funds transfer [EFT] systems; specially adapted for home banking systems
• CPC Class Codes: G06Q 20/108 Remote banking, e.g. home banking
• CPC Class Codes: G06Q 40/00 Finance; Insurance; Tax strategies; Processing of corporate or income taxes
• CPC Class Codes: G06Q 40/04 Trading; Exchange, e.g. stocks, commodities, derivatives or currency exchange
• CPC Class Codes: G06Q 40/06 Asset management; Financial planning or analysis
• CPC Class Codes: G06Q 50/16 Real estate

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.

Claims

1. A real estate transaction system for securitized real estate equity sale using trader terminals connected via a communication network, the system comprising:

a real estate securitization server for buying real estate, dividing an equity right for the real estate into a residence right and an investment security each having a different dividend right, and managing a right and dividend for the security;

a real estate security transaction server for providing information on the investment security from the real estate securitization server and information on investment security sale from the trader terminal, together with information on an evaluated price of the real estate, dividing and buying the investment security in response to a buy request from the trader terminal, and providing the resulting change in the right to the real estate securitization server; and

an asset evaluation server for providing the information on an evaluated price for the real estate corresponding to the investment security to the real estate security transaction server, wherein;

said residence right comprises a right an owner of said residence right to an owner-designated use of at least a portion of said real estate, wherein said dividend right of said residence right comprises a right to receive a dividend from the capital gain of the at least a portion of said real estate;

said investment security comprises a trade instrument with a dividend rate set independently of the dividend rate of said residence right; and

said residence right and said investment security comprise first and second independently transactable objects.

2. The system of claim 1, wherein

the real estate securitization server further comprises a right establisher for dividing the equity right for the real estate into the residence right and the investment security, and

the right establisher determines at least one of an equity right ratio between the residence right and the investment security, a dividend ratio between the residence right and the investment security, a buying condition for a residence right holder, a condition of a selling time, and a condition of a dividend date, based on a predetermined criterion.

3. The system of claim 2, wherein the real estate security transaction server provides information on the residence right and its dividend provided by the real estate securitization server or provided by a sell request from the trader terminal, provides predetermined buy restriction information for the residence right, buys the residence right in response to a buy request from the trader terminal, and provides the resulting change in the right to the real estate securitization server.

4. The system of claim 1, wherein the real estate securitization server comprises a right establisher for determining the residence right, the investment security, and a dividend right, based on value information for real estate to be bought via the asset evaluation server.

5. The system of claim 1, wherein the real estate securitization server comprises:

a selling information manager for receiving at least one of a selling price for real estate to be bought, a division ratio between the residence right and the investment security, and a dividend ratio between the residence right and the investment security, as selling information, as well as receiving a buy request for the real estate;

a transaction requester for providing the selling information from the selling information manager to the real estate security transaction server to request a transaction contract; and

a right establisher for receiving transaction completion information from the real estate security transaction server, paying a selling price of the real estate, and transferring a right, requesting the real estate security transaction server to carry out the contracted transaction.

6. The system of claim 1, wherein the real estate security transaction server comprises:

an equity information provider for providing information on the equity right for real estate together with a current price and a dividend ratio;

an equity transaction manager for providing the information from the equity information provider to the trader terminal and receiving sell and buy requests;

a transaction processor for comparing buyer information with a predetermined criterion to determine whether a buyer is allowed to buy the real estate upon receipt of the buy request received via the equity transaction manager and, when the buyer is allowed to buy the real estate, processing a contract or transaction;

a right relationship processor for producing information on a right relationship change to be provided to the buyer and the real estate securitization server, based on the result from the transaction processor; and

a selling price and cost processor for paying the transaction money and separately calculating a tax and a commission in a cost, based on the result from the transaction processor.

7. The system of claim 1, wherein the real estate security transaction server comprises:

a real estate securitization processor for receiving a request for transaction of the residence right or the investment security from the real estate securitization server or requesting securitization of the real estate;

a right information updater for exchanging information on a change in the equity right with the real estate securitization server; and

an asset evaluation manager for feeding back price information and the dividend information of the residence right or the investment security to the asset evaluation server upon sale success.

8. The system of claim 7, wherein either the real estate security transaction server or the real estate securitization server comprises a management-company manager for providing information on a residence right for sale to a foreign management company for providing offline real estate brokering, and receiving information on a sold residence right to recognize transaction occurrence.

9. The system of claim 1, wherein the real estate security transaction server feeds back selling price information and dividend ratio information to the asset evaluation server upon sale success, and the asset evaluation server updates existing evaluation information with the fed back information.

10. The system of claim 1, wherein said residence right comprises a right to use the at least a portion of said real estate for at least one of residency by the owner, resale of said residence right, or obtaining lease revenue by leasing said at least a portion of said real estate.

11. The system of claim 1, wherein said residence right comprises a right of the residence right owner to sell the residence right at a price determined by the owner.

12. The system of claim 1, wherein said equity right comprises a right of the equity right owner to sell the equity right at a price determined by an equity market.