부동산중개계약에 관한 법적 논의

Legal Discussion on Real Estate Brokerage Agreement

1. CONTENTS (1) RESEARCH OBJECTIVES The thesis is aimed at reviewing, in a comparative way, what roles real estate brokerage agreement, among brokerage agreements, play in the positive laws of Kora. (2) RESEARCH METHOD Under the purpose of drawing the problems and subjects of this thesis, this thesis applied the exploratory method through various literature investigation to putting in triangular the legal theory of real estate brokerage agreement. (3) RESEARCH FINDINGS The German Civil Law, fairly different from in Korea, has defined regulations of civil brokerage agreement as to real estate brokerage agreement in accordance with Article 652 of German Civil Law as one of independent legal scopes. In Germany, contracts employing brokerages have been fairly clearly defined in the Civil law to secure legal stability. Furthermore, Article 93 in German Commercial law regulates that even though real estate brokerage are performed by commercial brokers it shall not be applied to the commercial brokerage laws. However, the civil law in Korea doesn'g have any regulation of brokerage and although the real estate brokerage agreement is surely belonged to a civil brokerage, it is applied to Low of public real estate agency as a special law, prior to civil law. Furthermore, if a civil broker runs brokerage business he shall be qualified as business man, and so conducting commercial brokerage shall be pursuant to Article 93 of Commercial law. 2. RESULTS The thesis is aimed at reviewing, in a comparative way, what roles real estate brokerage agreement, among brokerage agreements, play in the positive laws of Korea. In particular, Germany has defined pretty clearly civil brokerage agreements in a civil law and commercial brokerage agreements in a commercial law respectively. In a line with the fact, considering regulations as to brokerage agreements haven't been clearly defined yet in Korea, it is thought to be highly required for us to more study and discuss on the positive laws of Germany.