不動産 去來事故問題의 改善에 關한 考察 : 不動産 仲介業法을 中心으로 Focus on the Real Estate Brokerage Law = A Study on the Improvement of the problems in Real Estate Transaction Accidents

다국어 초록 (Multilingual Abstract)

Our country has such problems as speculation in real estate and real estate transaction accidents as the by-products appeared in the process of rapid economic growth and successful performance of development policy. The probblem of speculation not only exists in real estate transaction but also exists in the transaction of various kinds of policy, jewelry and private loans, and also stems from the goods preference psychology under inflation. It is because of its relatively high importance in economic side and its specific social and public nature that the speculation in real estate has made itself open to social criticism.
It is originated from the thought that land is the conmon basis of people as well as a natural product that can't be produced by human labour. The problem of speculation in real estate has two aspects in it.
One is the aspect of private law designed for the protection of the right of private property, and the other is that of public law for the limitation of the right of private property designed to promote public welfare.
A democratic and capitalistic country which esteems the individual liberty and creation is able to promise its reasonable development when these two aspects keep the balance between themselves. It has been required to estabilish a reasonable real estate transaction order by means of public intervention, since the speculation in real estate disturbs the transaction system and causes the transaction accident.
It is not too much to say that this country has wholly relied upon the adjustment of tax system up to now, to meet the real estate problems. Quite recently, more fundamental and integrated macro-policies for the real estate problems have been seriously studied, and from a part of the policies, Certified Public Broker system was partially introduced as the real estate brokerage law was made at the end of 1983.
The writer thinks that the establishment of real estate transaction order can be achieved by taking precautions measures against the transaction accidents and by improving post-guaranteeing system which secures the safety of the transactions.
The writer investigates the following items focusing the real estate brokerage law.
(1) For the precautions measures, we should find out whether there is any legal, economic and technical defect in a certain real estate on the ground of complex concept in the zeal estate science.
(2) The broker should ascertain and explain the transaction parties impartially whether the certain real estate has any defect in it on the basis of the principal of faithfulness and sincerity, and should standardize the transaction forms by making a written statement showing the above and deliver it to the mediating cliant who acquires the rights when the transaction is arranged. By doing so, he can make clear the location of the responsibilities which may occur in the future.
(3) On the other hand, there is an article about the post-guarantee-system of real estate transaction in the real estate broker-age law. According to the law, when a broker, deliberately or mistakenly, causes the transaction parties the loss and damage on their property in carrying out his business, he is liable to pay for the loss and damage. And the law also provides that the broker should select a financial sponsor, have his property guaranty insured or trust his properly to secure his compensation responsibility.
Accordingly, the writer finds it desirable that the real estate brokerage council has the brokers take charge of the management of the post-guaranting system for the transaction accidents by making them reserve some of their transaction fees for the fund to meet the compensation responsibility.
(4) The writer also finds it reasonable to try to make the brokerage corporation secure the public confidence of real estate registration by making only qualified brokers with certified public brokers be able to organize the corporation and by making the corporation take charge of the public authentication for changes in real rights resulting from real estate transaction for the post security against the transaction accident.

목차 (Table of Contents)

• Ⅰ. 緖說
• Ⅱ. 不動産 去來事故의 範圍 및 槪念
• Ⅲ. 不動産 去來事故의 類型 分析·對策
• Ⅳ. 不動産 仲介業法上 去來事故의 問題와 對策
• 1. 不動産 仲介法의 槪要 및 問題點과 去來事故의 事前豫防措置
• 2. 不動産 仲介業法上 去來事故의 保證制度 및 日本의 立法例
• Ⅴ. 結語