초록 열기/닫기 버튼

본 연구는 부동산 시장의 많은 문제점 중 부동산 중개계약제도를 중심으로 부동산 시장의 안정을 모색하고자 전속중개계약제도에 대한 분석을 통해 부동산 거래의 효율성과 신뢰성을 제고할 수 있는 공공적 측면에서의 법률적․제도적측면을 살펴보았다. 이를 위해 설문조사를 통한 실증분석을 실시하였으며 전속중개제도가 부동산거래에 효율성과 신뢰성을 높여 투자의사결정에 유용하다는 실증분석 결과를 토대로 우리나라의 중개계약제도의 발전을 위한 중개계약의 법적 안정성 확보, 계약서 약관의 법적 구속력 강화, 중개업자의 전속권 보호, 독점중개계약 유형의 입법화, 전속중개계약의 확대실시 등 합리화 방안을 제시하였다.


This study is to seek for the stability of the real estate market on focusing around the real estate agency contract system in the real estate market. The results of the positive analysis are as following; First, the most important problem of the brokerage business is the system that the licensed real estate agent is produced. The exclusive agency contract system is needed and should be improved. Second, the exclusive agency contract system has a good effect on the real estate transactions efficiency, information reliability and investment decisions. Third, the factors of the real estate transactions efficiency have a positive effect on the real estate information reliability, and it does the investment decision. Fourth, the investors in real estates demand the real estate information reliability. Therefore, the best ways to improve the exclusive agency contract system are as following; First, ensuring the legal stability of the agency contract, Second, increasing the legal binding power of the agency contract agreement, Third, protecting the exclusive right of the broker, Fourth, legalizing the exclusive agency contract form, Fifth, enlarging the exclusive agency contract, Sixth, including the typical contract of the agency contract in the civil law. Therefore, to clear up the legal character of the agency contract, the agency contract should be included in civil law.


This study is to seek for the stability of the real estate market on focusing around the real estate agency contract system in the real estate market. The results of the positive analysis are as following; First, the most important problem of the brokerage business is the system that the licensed real estate agent is produced. The exclusive agency contract system is needed and should be improved. Second, the exclusive agency contract system has a good effect on the real estate transactions efficiency, information reliability and investment decisions. Third, the factors of the real estate transactions efficiency have a positive effect on the real estate information reliability, and it does the investment decision. Fourth, the investors in real estates demand the real estate information reliability. Therefore, the best ways to improve the exclusive agency contract system are as following; First, ensuring the legal stability of the agency contract, Second, increasing the legal binding power of the agency contract agreement, Third, protecting the exclusive right of the broker, Fourth, legalizing the exclusive agency contract form, Fifth, enlarging the exclusive agency contract, Sixth, including the typical contract of the agency contract in the civil law. Therefore, to clear up the legal character of the agency contract, the agency contract should be included in civil law.