부동산공동중개와 중개업자의 보수청구권에 관한 고찰 -일본판례를 중심으로- (A Study of Real Estate Multiple Listing and Realtor’s Claim for a Fee－ Focusing on the Japanese Leading Case －)

서지정보

· 발행기관 : 한국경영법률학회
· 수록지 정보 : 경영법률 / 20권 / 2호 / 219 ~ 258페이지
· 저자명 : 이재웅

초록

This paper investigated the legal issues regarding to a realtor’s claim for a fee when numerous realtors made the contract such as a real estate transaction after jointly being involved. To review these issues, first of all, it gave shape to the types of multiple listing brokerages, and then analyzed the cases by types and finally presented them.
After that, it examined that many realtors’ claims for a fee have what kinds of legal natures in multiple listing brokerages. There has been a lot of controversy over the fact whether or not it is a partition credit, an indivisible credit, or a joint credit; however, now it is considered that the theory of joint credit is more proper. Furthermore, it investigated whether or not the realtor who does not receive an intermediation request could ask for the intermediation fee to his or her transaction partner in multiple listing brokerages. Even though a realtor who does not receive any intermediation request admitted a claim for a fee to the transaction partner, here it would be more appropriate to apply and adopt the article 1 of the commercial law only at the restrictive circumstance.
And if nothing special -such as the distribution of intermediation fee includes a special contract in multiple listing brokerages- happens, it must be safely divided by the court brokerage limit according to every realtor’s degree of contribution in the intermediation service. The realtor’s degree of contribution might be judged by taking into account the realtor’s intermediation activities and roles in each private plan. The multiple listing brokerages in a practical intermediation will be reinforced in the future and the legal disputes related to them will be increasing.
In these reasons, this paper might be a foundation stone when settling the legal dispute related to multiple listing brokerages.
The main theme of words: multiple listing, a claim for a fee, joint credit, partition credit, indivisible credit.

영어초록

This paper investigated the legal issues regarding to a realtor’s claim for a fee when numerous realtors made the contract such as a real estate transaction after jointly being involved. To review these issues, first of all, it gave shape to the types of multiple listing brokerages, and then analyzed the cases by types and finally presented them.
After that, it examined that many realtors’ claims for a fee have what kinds of legal natures in multiple listing brokerages. There has been a lot of controversy over the fact whether or not it is a partition credit, an indivisible credit, or a joint credit; however, now it is considered that the theory of joint credit is more proper. Furthermore, it investigated whether or not the realtor who does not receive an intermediation request could ask for the intermediation fee to his or her transaction partner in multiple listing brokerages. Even though a realtor who does not receive any intermediation request admitted a claim for a fee to the transaction partner, here it would be more appropriate to apply and adopt the article 1 of the commercial law only at the restrictive circumstance.
And if nothing special -such as the distribution of intermediation fee includes a special contract in multiple listing brokerages- happens, it must be safely divided by the court brokerage limit according to every realtor’s degree of contribution in the intermediation service. The realtor’s degree of contribution might be judged by taking into account the realtor’s intermediation activities and roles in each private plan. The multiple listing brokerages in a practical intermediation will be reinforced in the future and the legal disputes related to them will be increasing.
In these reasons, this paper might be a foundation stone when settling the legal dispute related to multiple listing brokerages.
The main theme of words: multiple listing, a claim for a fee, joint credit, partition credit, indivisible credit.

참고자료

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