부동산중개업법 제9차개정(안)의 이상과 현실

The Ideal and Reality of the 9th Revised Real Estate Brokerage Law

The essential features of the real estate brokerage law preliminary announced on September 26th, 2003, are to prohibit writing a double contract, which has been the reason of real estate speculation and tax evasion and to lead a real estate broker to report the contents of a transaction contract to the authorities concerned on the basis of the actual transaction price. Although the government has an understandable purpose for the revision, there are several aspects resulted from not considering the reality in the excess of ideal opinions. Therefore, this thesis aims at identifying the issues and problems cased by the revision and presenting solutions. First, it cannot become a fundamental solution to impose the obligation to file the actual transaction price only upon a broker. In other words, a relying party to a transaction should be bound in duty to give notification. Second, when holding auction and public auction, everyone is allowed to stand proxy for requesting purchase in principle. Therefore, bidding proxy, which has been given only to judicial scriveners and lawyers in an attempt to bring an auction service into the open and to increase people's benefits, also has to be granted to a broker. Third, when a broker conducts transactions with relying parties such as a seller and a lessor, he should be obliged to put their registered seal to a document. Since confirming authenticity or possibility of forgery with a seal impression certificate is an impracticable proposition, it should not become institutionalized. Finally, in order to settle these issues and problems and to realize the government's objective on the plan, it is required to establish an environment where a real estate broker can lead a property market to boost and the transaction system to become transparent. Moreover, people's burdens should become minimized through the tax rate adjustment of real estate taxes and the unification of an assessment standard.