부동산 계약과 부작위에 의한 사기

A contract should be effective to support notification duty in real proprty contract. This is the presupposition of notification duty because notification duty does not occur if there is no effective contract. Because notification duty does not take place even though civil contract is established effective, the following factors other than contract should be satisfied. As to the contingent requirements, the theory of importance, the theory of dichotomy, and the theory of synthesis were conflicted with one another. These theories are divided, following, the first the possibility of substantial damage in property, the second the importance of decision process in real property sales, the third the way of how inexperience should be constituted. Seeing through these three contingent factors, the main requirement should be the possibility of substantial property damage because fraud is property crime. If this comes to be the only requirement for notification duty, in all the cases of property damage, notification duty occurs. With the requirement, the importance requirement in decisional process should be the standard for notification duty. Nonetheless, for the inexperience factor, those who take part in real property contract should check this information and take the burden of preventing property damage. Therefore, the inexperience factor should be excluded for the standard of individual decisional process. Therefore, because notification duty is essentially important factor for decisional process, it seems that notification duty takes place when there is lots of certainty that property damage occurs if a relevant fact was not notified.