부동산거래에 있어서의 설명의무* -부동산 소비자의 보호를 중심으로-

Today, many real estate transactions made between general person and real estate agent(owener of the real estate), or general person and real estate agent(invested with authority to act by the seller). But we need to protect the unprofessional purchaser in relation to many of these contracts. In this study, I considered measures for the protection of consumers from consumer protection of view. First, I reviewed problems of liability for explanation in conclusion of a contract phase, to resolve of gap in knowledge information between professional seller and unprofessional purchaser. In the second place, I reviewed problems of the purchaser’s remedies in violation of liability for explanation. The so-called liability for explanation in real estate transaction is an obligation that must be carried through on conclusion of a contract phase between seller and purchaser. This obligation is incident duty based on principle of good faith. But it can be hard that presents standard about the substance of liability for explanation, the limit of liability for explanation because type of export transaction and object are various in real estate transaction. So, we have no choice but to present standard about the substance of liability for explanation on a case by case basis. If the seller or the real estate agent violate liability for explanation, they have civil responsibility-responsibility to cover damages(price reduction of real estate, additional cost depending on violation of liability for explanation, return of broker’s commission) and responsibility owing to cancellation of contract(recovery, compensation for damages). Also, the purchaser have the right to cancel the contract about real estate transaction on the basis of mistake or fraud. In our country, there is focus on liability for explanation in the medical treatment contract or the insurance contract. However, from now on we must take a interest in the liability for explanation in real estate transaction because of many importance about real estate transaction.