부동산 중개로 인한 손해배상과 공제제도 개선 연구

According to the current Real Estate Brokers Act, real estate agents are forced to purchase insurance or mutual aid to compensate for damage caused by real estate brokerage. However, it is necessary to examine whether “insurance and mutual aid” for damages under Article 30 of Licensed Real Estate Agents Act are of practical help to the property loss of Consumer. One of the major problems with Article 30 is that “insurance and mutual aid” amount prescribed by the Act is not sufficient to cover the damage that may occur in real estate transactions. Another problem is that the Act does not stipulate the statute of limitations for claiming insurance and mutual aid. In order to solve this problem, Damage compensation according to the Act or the Enforcement Decree should be guaranteed to exceed a certain amount “per claim for compensation”. In addition, it is necessary to increase the minimum subscription amount for insurance and mutual aid. Like the Housing Lease Protection Act, the amount of compensation for damages caused by a brokerage accident should be set to be regionally differentiated in consideration of the realities of the transaction. The Act does not provide for the extinctive prescription period of the right to damages claim, and the Terms in mutual aid stipulates that the extinctive prescription period is two years. However, in view of the extinctive prescription on torts under the Korea Civil Act or the extinctive prescription under the Commercial Act, the extinctive prescription period for a claim compensation for damage should be extended to three years. The starting point of the Extinction period of the right to claim compensation for damage should also be amended to “when the claimant knew or could have known that the mutual aid accident occurred”.