개업공인중개사의 주의의무와 책임에 관한 연구-전세사기 방지의 관점에서 다가구주택 중개에 관한 대법원의 동향 및제도의 개선안 마련을 중심으로-

The cause of the recent major social problem of lease fraud cannot be limited to one, but the participation of real estate agents is also an indispensable factor. In particular, lease fraud occurs more frequently in the case of multi-unit houses, because it is difficult to know information such as the total amount of senior deposits for multi-unit houses. The Supreme Court's trend on the obligations of real estate agents who brokered lease contracts for part of multi-unit houses was first examined. According to the Supreme Court, a real estate broker who brokers leases for some of the multi-unit houses should not only simply check and explain the contents that can be confirmed through the real estate register, or deliver only the data or contents received from the lessor, but also explain the risk factors that the real estate broker can expect to the client to fulfill its duty of care. The Supreme Court's attitude is considered effective and valid from the viewpoint of preventing brokerage accidents such as charter fraud. On the other hand, the Certified Brokerage Act imposes various obligations on certified brokers, including the obligation to check and explain the brokerage objects, and certified brokers also bear the duty of care of the person in charge under civil law. Therefore, if a certified broker violates his or her obligation to verify and explain and the client suffers damage, the client may, according to his or her choice, require the broker to be liable for damages under the Certified Brokerage Act, or for default or for damages due to illegal activities. In addition to the current regulations and the attitude of the Supreme Court, measures to strengthen the obligations and responsibilities of real estate agents may be considered to strengthen the real estate agents’ duty of explanation, strictly prohibit bilateral agents, revitalize exclusive brokerage contracts under the Real Estate Agents Act, increase the amount of compensation for damages, strengthen punishment for real estate agents who violate the law, strengthen the professionalism and ethical consciousness of real estate agents, and revise the timing of the opposition under Article 3 (1) of the current Housing Lease Protection Act to an immediate clause rather than the next day clause.