부동산거래에서 블록체인 스마트계약의 활용 가능성에 관한 연구

Although the definition of smart contract has not yet been established domestically as well as internationally, it is the established concept considering the existence of encoded assets such as Bitcoin or Ethereum as the type of new concept contract that does not leave the problems of nonfulfillment since not only making contracts but also their implementations were automated based on block chain technology. Hence, smart contract has lots of prerequisite tasks to be used in the actual trades, and especially, the gap with the positive law may be significant. In this situation, the government plans to introduce smart contract in the trades of real estates. It is evident that the objective of the policy is clear to solve the problems in the trades of real estates including false real estates to sell, dual transactions, speculation and tax evasion, however, it is true that there are many controversial issues to be reviewed legally whether the trades by block chain are possible in the trades of real estate which cannot be substituted to encoded assets, easily. Therefore, it is to review the essential items to be considered in the establishment of smart contract trading system and the requirements that block chain smart contracts are utilized in the trades of real estates in this article. In particular, it concentrates to find out the implications by oversea cases and legislative trials.