공인중개사법 상 ‘중개계약’ 규정의 문제점과 개선방향

After the enactment of the Certified Real Estate Brokers Act, today’s listing contract has become one of the actively discussed subjects through discussions about the real estate brokerage contract system. The real estate brokerage contract comes to be in need of a broker’s assistance in real estate transactions by abstracting the real estate market from specificity of fixed nature and individuality of real estate. The starting point of real estate transactions lies in the very listing contract. This means that the hitherto discussions of real estate brokerage contracts have been made from various aspects according to various legal character traits in relation to the significance, sorts and legal status of a listing contract. In case of the USA, Germany, Great Britain, and New Zealand, they are giving variety to the existing system of listing contracts based on comparative law, which gives many implications to our legislative system. Hereupon, this study proposed an alternative by referring to the examples of legislation of foreign countries after diagnosing the legislative system of listing contract within the system of the current law, and finding out problems by briefly arranging the hitherto discussions about listing contract from the perspective of law-strategy-based consideration of real estate brokerage contract. Virtually, the issue of listing contract is showing a difference according to how to look at the listing contract legally. Nevertheless, there exist certain limitations of law and reality with regard to legal responsibility problems, or accountability for brokerage objects, etc. in case of the accident in the real estate brokerage contract. Like this, at the time point when a gap between law and reality becomes wider amid a broker’s viewpoint that listing contract is definitely necessary for real estate transactions, this study thinks that it’s necessary to make efforts to shed new light on listing contract from a new perspective basically for the cause of revitalization of real estate transactions, and advancement of fair listing contract.