부동산중개수수료에 대한 비판적 고찰


A Critical Study on Brokerage Commission of the Real Estate

김대명, 이대운

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According to Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act Article 32, A broker is entitled to receive the fixed commission concerning the brokerage business from the clients: Provided, That the same shall not apply to the cases where the transaction between the clients is invalidated, with drawn or cancelled by his/her intention or negligence. Matters necessary for the limit, etc. of the commission of brokerage of a house(including its attached land; hereafter in this paragraph the same shall apply) and the actual expense as prescribed in paragraph (2) shall be determined by the Municipal Ordinance of the Special Metropolitan City, Metropolitan City or Do within the range determined by the Ordinanceofthe Ministry of Construction and Transportation; and the commission of brokerage of an object other than a house, by the Ordinance of the Ministry of Construction and Transportation In Korea, the limit of a rate and the amount of money is decided as a local government's regulation and "Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act". Although it can grope for the various method of solution to the problem and cause of a real estate brokerage system, in this paper, on several controversial issues which appeared in the present real estate brokerage system is analyzed. It is to furnish the research material about the real estate brokerage system and the system's rational improvement plan which the profits of a consumer and a broker can develope into harmony.


< Abstract >
Ⅰ. 들어가는 말
Ⅱ. 공인중개사법상 중개수수료 체계
1. 주택인 중개대상물
2. 주택 외의 중개대상물
3. 중개수수료의 산정방법
Ⅲ. 중개수수료 체계의 쟁점과 비판
1. 중개수수료청구권의 요건
2. 무등록중개업자의 중개수수료청구권
3. 중개수수료 체계의 문제점
4. 중개수수료의 조례위임에 대한 타당성
5. 법정한도 초과 중개수수료 약정의 효력
6. 중개수수료 산정방법상의 문제점
Ⅳ. 맺음말


  • 김대명 Kim, Dae-Myeong. 대구과학대학 부동산과 교수, 법학박사
  • 이대운 Lee, Dae-Woon. 대구과학대학 부동산과 전임강사


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