부동산중개업자와 변호사간의 업무영역의 충돌
Conflicts of interests between real estate brokers and lawyers in expanding their services
김학환(한국사이버대학교)
1호, 119~135쪽
초록
The business of real estate brokers and that of attorneys-at-law are very different. The former focuses on brokerage acts, which are to assist and mediate so that legal acts such as transactions between the parties can be done easily. Thus they are regarded as de facto acts by the precedents and accepted theories. Meanwhile, attorneys-at-law represent their clients in suit-related acts and claims for administrative measures and handle general legal affairs. The problem is that both real estate brokers and attorneys-at-law try to expand their business areas for various reasons including service expansion, in which case a clash is inevitable between their business areas. This study reviewed the precedents of actual cases in which there were conflicts of interests between real estate brokers and attorneys-at-law or the business world of real estate brokers and that of attorneys-at-law and accordingly clash of their business areas. It examined the backgrounds, developments, and meanings of such conflicts between the two business worlds around real estate auction, legal affairs related to the opening and registration of real estate brokerage offices by attorneys-at-law, real estate brokerage by attorneys-at-law, legal counseling, and handling and indication of legal affairs.
Abstract
The business of real estate brokers and that of attorneys-at-law are very different. The former focuses on brokerage acts, which are to assist and mediate so that legal acts such as transactions between the parties can be done easily. Thus they are regarded as de facto acts by the precedents and accepted theories. Meanwhile, attorneys-at-law represent their clients in suit-related acts and claims for administrative measures and handle general legal affairs. The problem is that both real estate brokers and attorneys-at-law try to expand their business areas for various reasons including service expansion, in which case a clash is inevitable between their business areas. This study reviewed the precedents of actual cases in which there were conflicts of interests between real estate brokers and attorneys-at-law or the business world of real estate brokers and that of attorneys-at-law and accordingly clash of their business areas. It examined the backgrounds, developments, and meanings of such conflicts between the two business worlds around real estate auction, legal affairs related to the opening and registration of real estate brokerage offices by attorneys-at-law, real estate brokerage by attorneys-at-law, legal counseling, and handling and indication of legal affairs.
- 발행기관:
- 한국부동산경영학회
- 분류:
- 토지/부동산/주택/농지법