매도인 사칭 중개사고에 관한 판례 검토 -하급심 판결을 중심으로- (A review of legal cases by the real estate brokerage due to purported sellers -Focusing on the lower court judgement-)

서지정보

· 발행기관 : 한국부동산경영학회
· 수록지 정보 : 부동산경영 / 2호 / 43 ~ 63페이지
· 저자명 : 김학환

초록

Brokers as an expert in real estate transaction have a duty of care to check a seller's identity. According to the Article 30 paragraph (1) “business affairs of licensed real estate agents and report of real estate transactions act”, the broker is liable for the damages caused by breach of duty of care. The broker's liability is basically a liability for the fault: violation of duty of care gives rise to liability only in case that the broker was acted with fault.
Recently the damages of several liability cases of the real estate transaction due to purported sellers have been often occurred. The lower court has been decided that the broker's liability for damages in these cases tend to be widely recognized.
This study will determine the scope and limits of duty of care for checking seller's identity. In the case [3], the broker was held liable to a buyer even if he had investigated for the Deeds Registration. With this regard to the degree of care owed by the broker in purported sellers' cases, the Supreme Court took the view that the broker was not liable for full investigation in relation to the Deeds Registration.
Accordingly I would conclude that the decision of the lower court(Seoul Central District Court Decision 2007 Gahap 113101 delivered on July 24, 2009) was overextended the degree of the broker's duty of care. Because the broker is merely requested to perform a brokerage service, since he is not who work in the detective.

영어초록

Brokers as an expert in real estate transaction have a duty of care to check a seller's identity. According to the Article 30 paragraph (1) “business affairs of licensed real estate agents and report of real estate transactions act”, the broker is liable for the damages caused by breach of duty of care. The broker's liability is basically a liability for the fault: violation of duty of care gives rise to liability only in case that the broker was acted with fault.
Recently the damages of several liability cases of the real estate transaction due to purported sellers have been often occurred. The lower court has been decided that the broker's liability for damages in these cases tend to be widely recognized.
This study will determine the scope and limits of duty of care for checking seller's identity. In the case [3], the broker was held liable to a buyer even if he had investigated for the Deeds Registration. With this regard to the degree of care owed by the broker in purported sellers' cases, the Supreme Court took the view that the broker was not liable for full investigation in relation to the Deeds Registration.
Accordingly I would conclude that the decision of the lower court(Seoul Central District Court Decision 2007 Gahap 113101 delivered on July 24, 2009) was overextended the degree of the broker's duty of care. Because the broker is merely requested to perform a brokerage service, since he is not who work in the detective.

참고자료

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