감정평가사의 불법행위책임 - 부동산 감정평가 과오에 따른 손해배상책임을 중심으로 -

In addition to calculation of values for taxation, certified appraisals are widely used in diverse fields, including using security loans from financial institutions, determining reserve prices during auctions, appraising market values in litigation, and determining compensation amounts during public expropriation. This practice is steadily expanding. The results of certified appraisals are likely to be accepted without exception, unless there are special circumstances, and they significantly influence key decision-making and policies of clients, creditors, the government, and public institutions. Therefore, as professionals, certified appraisers must adhere to the highest standards of ethics and public responsibility, and they bear various ethical and legal responsibilities for violations of professional ethics. However, as the scope of certified appraisal expands, the number of appraisal errors caused by appraiser negligence is also increasing. In addition to contractual liability or tort liability under the Civil Act, certified appraisers who intentionally or negligently conduct incorrect appraisals may be subject to liability for damages under the Act on Appraisal and Certified Appraisals (Article 28). Administrative and criminal liability, including disciplinary action (Article 39), fines (Article 41), and even criminal penalties (Articles 49 and 50), may also be imposed. From the perspective of the owner of the property subject to certified appraisal, liability for damages is inherently significant, and in reality, redress is primarily sought through compensation of damages. While the compensation for damages caused by torts is based on the appraiser's torts, the legal basis for tort liability differs depending on whether it is based on the Civil Act or the Act on Appraisal and Certified Appraisals. Furthermore, appraisal errors, unlike typical torts, manifest themselves in a wide variety of ways. In particular, the level of duty of care required of appraisers varies depending on the subject, content, and purpose of the appraisal, leading to significant differences in the determination of negligence on a case-by-case basis. This paper selects major decisions on real estate appraisal malpractice from among published precedents on the Supreme Court's comprehensive legal website, categorizes the types of appraisal malpractice into several types, and examines the level of duty of care required by each type, examining whether and the scope of liability for damages are established accordingly.