공인중개사법상 중개업자의 확인ㆍ설명의무

In case that a real estate broker receives a request for brokerage, he/she shall confirm the matters provided for current state, location and right relationship of the relevant object of brokerage, matters relating to the restrictions of transaction or utilization under Acts and subordinate statutes, other matters as prescribed by the Presidential Decree, before the brokerage is completed and explain such matters faithfully and correctly to the brokerage client who desires to acquire a right concerning relevant object of brokerage, presenting the materials concerned such as the land cadastre and the certified copy of register. When the broker prepares a contract document after brokerage is completed, he/she shall draw up a note stating the contents of confirmation and explanation under the conditions prescribed by the Presidential Decree, deliver it to both parties of transaction and keep a copy thereof for a period prescribed by the Presidential Decree(3 years). This system about the confirmation and explanation of object of brokerage is to supply the insufficient knowledge of both parties of transaction in order to offer the information to client as an export about intermediary object. To do so, it is possible to prevent the conflict and occurrence of property damage between both parties of transaction. As a result it is possible to do safety about transaction of the real estate. However,「the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act」 do not describe the sufficient provisions about the subject and the counterparty, how to explain, period of the confirmation and explanation of the intermediary object, and the liability by the violation of 'the duty of confirmation and explanation of object of brokerage'. So it is possible to debate as an aspect of interpretation. On the other side, as an practical aspects, in case that a real estate broker violates the duty of confirmation and explanation of object of brokerage, that broker gets the administrative measure as well as the compensation of the property damage, as a practical aspects it is important details and the conflicts about that has been occurred. To suggest the reasonable scheme to do the intermediary liability is one of the most important things. To raise of the public trust against the real estate broker and to do the legal disclaimer clearly according the accident intermediaries, the reasonable improvement of the confirmation and explanation of object of brokerage contribute establishing a fair, transparent transaction order of real estate and the fixation of the culture of the intermediary. In this paper, the author studied about the problems to be occurred under the interpretation of the confirmation and explanations of the provisions of 「the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act」. And the author studied the precedents about that. Finally I studied that this system has been taken effectively suitably for the legislative intent or not and the improvement. So, several problems to be studied should be complemented in the time to revise the decree of that law.