부동산 거래에서 스마트계약 적용의 민사법적 쟁점

In this article, we look at the characteristics of smart contracts using blockchain technology and consider legal issues when applying them to real estate transactions. Smart contracts are technologies created for the purpose of fulfilling contracts that are insulated from legal regulations through the virtual world. Recognition or decision-making, evaluation of resulting value, responsibility for third parties, etc. have a contact point of contract law. The issue related to smart contracts is that although a debt contract is established based on an algorithm, it is only that it is automatically fulfilled with a pre-entered code or as promised. Since the feature of smart contract is that the execution of the contract is automated, the focus of the dispute under the contract law is mainly on the establishment of the contract rather than the violation of the contract. In traditional contracts, offer and acceptance are not a problem even in the establishment of a smart contract, and if a smart contract is viewed as a contract, it can be understood as a key contract and a type of contract for the realization of intentions. If there is a reason for invalidation or cancellation in the process of establishing a smart contract, the question arises as to whether the legal principles of invalidation and cancellation under the Civil Act can be applied to smart contracts. From the point of view of smart contracts as contracts, the provisions of the Civil Act on the establishment of contracts are, in principle, applicable to smart contracts as well. Unlike general contracts that have binding force only when they meet the requirements for formation and validity of the contract, smart contracts are mechanically executed regardless of whether the contract is valid or invalid. Therefore, even if there is a violation of coercive laws or a defect in the expression of intention, it is not an obstacle to implementation, so it is very vulnerable to protection of the weak such as consumers. A legal alternative is needed for this. For the transfer of real estate ownership under the current civil law, sales contracts and registration are the elements. can be considered. The issue is how much the substantive law relationship related to land transactions can be expressed on the blockchain. In this case, making the transaction by the blockchain obligatory as a formal contract is a device that can match the entity relationship and the record on the blockchain as much as possible. will be In order for real estate to be the subject of transaction on the blockchain, smart assetization must be performed to display the physical status and property characteristics of a single real estate on a blockchain token. In addition, since Korea’s registration system does not have public confidence, the risks of real estate transactions are borne by the parties concerned. As a way to improve the current real estate registration system, the application of blockchain technology can be reviewed. Reliability of real estate registration can be granted by applying the potential advantages of the distributed ledger, which eliminates the risk of insolvent real estate registration and replaces the time-consuming third-party verification process, to the real estate registration system.