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A Study on the Real Estate Brokerage Fee Decision System

  • Public Land Law Review
  • Abbr : KPLLR
  • 2017, 80(), pp.333-351
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Lim, Suk-Nyeo 1

1남서울대학교

Accredited

ABSTRACT

Today, real estate is recognized as a part of individual property rights, and it is becoming a means of property growth through property ownership and transactions. The real estate brokerage area, which mainly deals with real estate brokerage, has become more aware of the brokerage business as well, thanks to the opportunity of participation by experts. It is not easy to judge or judge the information about the economic value judgment or the legal regulation regarding the real property in the course of the real estate transaction in terms of the general public, As a result, Korea has a system of certified real estate agents with strict qualifications. Based on the expertise of the practitioner, the real estate transaction is promoted, and the real estate professional is guaranteed. Also, the social role of the real estate agent is also recognized as important. It is reasonable for an agent with the same expertise as a real estate agent to receive the corresponding remuneration. Article 32 (3) of the Act does not limit the specific commission rate to items other than houses and houses. In the case of brokerage of houses, a limit is first set in the Ordinance of the Ministry of Land, Transport and Tourism. . In the case of brokerage of goods outside the housing, the Ministry of Land, Infrastructure and Transport is required to set the order. However, considering that some control over the real estate brokerage commission is necessary to secure the security of real estate transactions, when compared with other experts such as appraisers and appraisers, it is reasonable to judge whether it is reasonable to strictly regulate brokerage commissions of real- It is also controversial whether the procedure for establishing specific regulatory limits should be made by the Ordinance of the Ministry of Land, Transport and Traffic and local governments. It is necessary to deeply examine the content of the legal system that establishes statutory rates and limits of commission fees in the Ministry of Land, Transport and Tourism Ordinances. In addition, the current real estate brokerage commission determination system is divided into residential and nonresidential for sale and lease.

Citation status

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