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논문검색

부동산거래사고에 대한 민・형사책임과 보장제도

원문정보

Civil Liability and Criminal Liability of Accident in the Trade of Real Estate

정지욱, 서진형

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초록

영어

The trade of real estate in Korea is concluded on the basis of the private contract between the parties of sales/purchase of real estate without thorough verification, thereby resulting many disputes after establishment of contract, which impedes the liquidity of real estate market. Since the scale of accident in the trade of real estate becomes tremendous due to increased investment to real estate and preference in real estate and the fraudulent method is developing delicately these days, the property loss and mental damage are expanding to social issue beyond the individual dimension. However, the state is unable to set the fundamental countermeasure to prevent this problem. Thus, this dissertation checked problem of accident in the trade of real estate through relevant law and literature as well as interview with relevant staffs and presented the improvement method. It was divided into short-term task and mid-term and long-term task in the viewpoint of system. Analyzing the trend of judicial case of court these days, the responsibility for mistake due to the victim's negligence of obligation in the trade of real estate is recognized to considerable extent. Thus, it is required to recognize that the person himself is responsible for trade of real estate. Since risk in the trade of real estate cannot be completely eliminated only with the effort of the party of trade to avoid the risk, it is essential to promptly legalize the deficient system and to prepare solution by making coincident opinion through social discussion on the systematic improvement.

목차

< Abstract >
 Ⅰ. 서론
 Ⅱ. 이론적 고찰
  1. 부동산거래사고의 의의 및 현황
  2. 부동산거래사고 사례
  3. 부동산거래사고의 형사관련 법제
 Ⅲ. 부동거래사고의 민사책임과 보장제도
  1. 부동산거래사고의 민사책임
  2. 민사책임에 관한 담보제도
  3. 전문가 업무보증제도
 Ⅳ. 외국의 부동산거래사고 책임보장제도
  1. 미국의 경우
  2. 영국의 경우
  3. 일본의 경우
  4. 시사점
 Ⅴ. 결론
 참고문헌

저자정보

  • 정지욱 Jung, Ji-Wook. 경남대학교 부동산법학과 법학석사
  • 서진형 Seo, Jin-Hyeong. 경인여자대학 부동산경영과 조교수

참고문헌

자료제공 : 네이버학술정보

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