@article{ART002382800},
author={Jeon Myung Gil and Lee Young Woo},
title={Whether the Double Contract of Real Estate constitutes Breach of Trust},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2018},
volume={6},
number={3},
pages={85-105}
TY - JOUR
AU - Jeon Myung Gil
AU - Lee Young Woo
TI - Whether the Double Contract of Real Estate constitutes Breach of Trust
JO - Legal Theory & Practice Review
PY - 2018
VL - 6
IS - 3
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 85
EP - 105
SN - 2288-1840
AB - Although there is a conflict between the use of rights and the provision of trust according to criminal law, all default debtors can be granted a breach of trust due to their violation of their duty. Therefore, the organization requirement should be interpreted strictly, and the court precedent is based on a limited interpretation of the requirement for the composition of breach of trust, and there are different cases concerning the recognition of the double sale of real estate.
Considering the special property of the real estate in Korea and the trade practice, if the government does not have sufficient measures to prevent the double sale of the sellers, it will consider double sale of the real estate. It would be fair to punish a double sale of real estate for breach of trust, and the social need for the punishment would also be admitted, given the lack of trade objective protection and the incompleteness of the victims.
However, the intervention of criminal law in the legal field should be minimal as a last resort. The judicial regulation of the judicial trading area requires a civil law system to prevent double sale of malicious real estate and the regulation on double sale is the legal domain.
KW - real estate;Double Contract;breach of trust;person who administer another’s business;intermediate payment;Registration and cooperation obligations
DO -
UR -
ER -
Jeon Myung Gil and Lee Young Woo. (2018). Whether the Double Contract of Real Estate constitutes Breach of Trust. Legal Theory & Practice Review, 6(3), 85-105.
Jeon Myung Gil and Lee Young Woo. 2018, "Whether the Double Contract of Real Estate constitutes Breach of Trust", Legal Theory & Practice Review, vol.6, no.3 pp.85-105.
Jeon Myung Gil, Lee Young Woo "Whether the Double Contract of Real Estate constitutes Breach of Trust" Legal Theory & Practice Review 6.3 pp.85-105 (2018) : 85.
Jeon Myung Gil, Lee Young Woo. Whether the Double Contract of Real Estate constitutes Breach of Trust. 2018; 6(3), 85-105.
Jeon Myung Gil and Lee Young Woo. "Whether the Double Contract of Real Estate constitutes Breach of Trust" Legal Theory & Practice Review 6, no.3 (2018) : 85-105.
Jeon Myung Gil; Lee Young Woo. Whether the Double Contract of Real Estate constitutes Breach of Trust. Legal Theory & Practice Review, 6(3), 85-105.
Jeon Myung Gil; Lee Young Woo. Whether the Double Contract of Real Estate constitutes Breach of Trust. Legal Theory & Practice Review. 2018; 6(3) 85-105.
Jeon Myung Gil, Lee Young Woo. Whether the Double Contract of Real Estate constitutes Breach of Trust. 2018; 6(3), 85-105.
Jeon Myung Gil and Lee Young Woo. "Whether the Double Contract of Real Estate constitutes Breach of Trust" Legal Theory & Practice Review 6, no.3 (2018) : 85-105.
