不動產交易實價登錄資訊全都露適法性之探討

2018年5月行政院院會通過內政部「實價登錄地政三法」修正草案即將送立法院審議。將不動產交易資訊全部揭露，甚至擬回溯過去203萬戶不動產交易資訊，此舉恐嚴重侵犯個人財產隱私權，而隱私權保護已逐漸成為普世價值。近兩年來不動產交易價格已無暴跌或暴漲現象，投資客全面退場無炒作跡象，目前所施行之實價登錄以30戶作為一區間，已成為民眾或經紀業者買賣或仲介不動產時重要參考依據，對於不動產市場交易發展與穩定具有重要效益，法制上實無必要再調整或修正，且涉及個人財產權隱私之曝光；況對於過久之不動產買賣價格，市場上已不具參考實益。而對於不實登錄之罰鍰擬提高5倍金額為新臺幣15至75萬元，則予以肯定。

關鍵字

實價登錄；實價課稅；隱私權；個人資料保護；不動產市場

並列摘要

In May 2018, the Executive Yuan will send the amendment draft of the ＂Actual Price Registration in the Three Land Administration Acts＂ passed by the Ministry of Internal Affairs to the Legislative Yuan for review. The real estate transaction information will all be disclosed and even the intention is to trace back to the past two million and thirty thousand real estate transaction information. This move will severely evade the personal property privacy right and the privacy right protection has progressively become the universal value. The real estate transaction price in recent two years did not encounter sharp fall or sharp rise and investors had all withdrawn from the market and there were no signs of speculation. The actual price registration implemented at present is based on 30 households as one interval that has become an important reference when the general public or brokers trades or when acting as an agent of real estate. This can provide important benefit for the development and stability of real estate market transactions. In respect of law, further adjustment or amendment is unnecessary and in addition, this will involve in exposure of the privacy right of personal property. Moreover, for the actual estate buying and selling price long time ago, there is no real benefit as a reference. Actually, raising the fine for unreal registration five times the amount to $150,000~750,000 should be affirmed.