부동산중개 공제의 구상권 및 대위권에 관한 연구

A real estate agent should take actions to guarantee the liability for damages against the party for a transaction, and one of the methods to establish the guarantee is to join to Korea Association of Realtors(KAR). So, real estate brokerage mutual aid system is important one to collateralize the liability for damages of the client, one of the most important things is to manage properly without exhaustion of the mutual aid fund. However because mutual aid service providers do not exercise the right to indemnity and the subrogation right, it does not accomplish to manage the mutual aid fund efficiently. In this study, we analyzed the problems by considering the current status about Korea Association of Realtors(KAR), and the mutual aid system of the real estate agents in United States and Japan, we proposed next four enhancement ways to protect the exhaustion of the mutual aid fund by enhancement of the collect rates of the exercise of the right to indemnity and the subrogation right and to manage the mutual aid business effectively. The first is the standard reinforcement of the refusal against the joint of the mutual aid association, the second is to join the mutual aid association based on the personal and the financial collaterals, the third is the extension of the range to exercise the subrogation right through revision about rules and terms of mutual aid system, and the last is the restriction to re-entrance against real estate agent bring to mutual aid accidents through the revision of the 「Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act」.