부동산중개에 있어 주택중개보수와 실비에 관한 연구

다국어 초록 (Multilingual Abstract)

The real estate brokerage fee rate for housing transactions was reorganized and implemented on October 19, 2021, five years after April 2015. The Ministry of Land, Infrastructure and Transport implemented a reorganization by lowering brokerage fees, citing the reason that the public's burden of brokerage fees increased due to the increase in real estate brokerage fees due to the rise in real estate prices.
Looking at the problems of the current real estate brokerage fee in Korea, there is no classification according to the housing type in the housing brokerage fee. Not all housing brokerage activities will have the same scope of work. The mechanism of the entire brokerage activity can be considered to be the same, but in detail, the confirmation, review, and responsibility that the broker should do are different depending on the type of housing. In addition, there is no fee for analyzing rights, on-site guidance, and providing information according to the intermediary object. On-site investigation or counseling is regarded as a natural task of a real estate broker, and consumers want on-site guidance without any burden and take it for granted that they do not pay any fees for counseling and on-site guidance services.
The purpose of this study is to understand the current status and problems of the real estate brokerage remuneration system currently in effect and to study the improvement of the housing brokerage remuneration and actual cost system.
For the research method of this study, in order to achieve the research purpose, previous studies and literature studies were conducted on the problems of the current brokerage fee, the difference in brokerage activity according to housing type, and the actual cost. A comparative study was conducted on the remuneration and actual expenses of appraisers, lawyers, and real estate agents through comparative legal considerations. An empirical study was conducted through questionnaire survey and statistical analysis. The survey conducted a survey on the perception, current status, and actual cost of housing brokerage fees for professionals with certified real estate brokerage licenses and targeted real estate brokers in Suseong-gu, Dong-gu, Buk-gu, Nam-gu, Jung-gu, Dalseo-gu, and Gyeongsan-si, Gyeongsangbuk-do.
The improvement plan for the housing brokerage fee and actual cost system derived from this study is as follows.
First, in the unified housing brokerage fee system without distinction according to housing type, it is necessary to distinguish between the method of calculating the brokerage fee for apartment houses and detached houses. Unlike apartment houses, land is included in the object of brokerage in case of brokerage for single-family houses. Therefore, there is a difference between apartment houses and brokerage activities that deal with buildings and land rights. In the case of single-family housing brokerage, it is necessary to review restrictions under public law such as land use regulations, consultation on small-scale development and repairs such as defects in housing, leasehold rights, new construction, remodeling, etc. There is a clear difference between apartment houses and single-family housing. If the fees are classified, the most common response was that the brokerage fees for detached houses should be calculated separately from the land and buildings and then added up.
Second, the housing brokerage fee, in which the upper limit rate is divided only by the transaction amount section, should be applied regionally. In the case of real estate, the individuality of price is clearly shown, and the housing price gap between the metropolitan area and the provincial area is also clearly shown. As for real estate, the geographical location is fixed, and each region forms a unique market, and the price is formed by regional characteristics. A house is fundamentally regional. As it is a remuneration system that is calculated in conjunction with the transaction amount, it is necessary to apply the remuneration rate or transaction amount range according to the regional housing market situation, rather than reducing the entire upper limit rate of housing brokerage fees all at once. It is necessary to implement a policy that is equitable for regional differences, rather than uniformly controlling the housing brokerage fee.
Third, the cap system for housing brokerage fees should be abolished. The limit, which is inferred to protect and support the working class, is regulated at the same amount for 22 years. As a result of the survey analysis, the level of perception that the remuneration ceiling is helpful to the working class was low in the field, and the brokerage fee calculated according to the transaction amount in the limit amount does not differ much from the ceiling amount. The amount of brokerage remuneration is not clearly set, and the remuneration system determined by the client and the real estate agent in consultation within the upper limit rate and ceiling amount falls under the double regulation of the upper limit rate and the ceiling amount. Therefore, the unfamiliar regulation on the limit of housing brokerage fees, which cannot be regarded as having the effect of that effect, should be abolished.
Fourth, the investigative authority of certified real estate agents should be expanded. In the case of a housing rental contract, the real estate agent is obliged to confirm and explain the relationship between the rights of the brokerage object, such as the senior rental deposit. A real estate broker's liability is not reduced if the transaction amount is low or the transaction amount range in which the housing brokerage fee limit is applied. It is necessary to prevent brokerage accidents in advance to protect tenants and to enable certified real estate agents to conclude more secure contracts. Furthermore, this expansion of authority will contribute to the stability of the entire real estate rental market as well as the range of multi-family and small transaction amounts.
Fifth, it is necessary to establish a specific system for actual expenses. The actual cost system has been stipulated since the enactment of the Real Estate Brokerage Act on December 30, 1983, but there are no clear regulations. The government recognizes licensed real estate agents as qualified professionals under the Certified Real Estate Agents Act. However, unlike other professional companies, the reality is that there are only many regulations and restrictions. Even if it is a small amount, the scope of actual expenses should be clearly classified as in the provisions of other professional qualifiers and allowed to receive them, not claims. If work is recognized and paid for work, biased information provision and false sales can be eradicated only to sign contracts, and consumers can enjoy benefits such as discounts on brokerage fees, clear information provision, negotiation of transaction amounts, and improvement of brokerage services by securing job stability. By guaranteeing and recognizing the work of certified real estate agents, certified real estate agents will maintain their dignity as professional professionals and keep what they represent in Article 29 (Basic Ethics of Real Estate Agents) (1) of the Certified Real Estate Agents Act. Furthermore, it will be possible to achieve the purpose of enactment (Article 1 of the Certified Brokerage Act) aimed at enhancing its expertise and contributing to the national economy by fostering real estate brokerage businesses in a sound manner.

목차 (Table of Contents)

• 제1장 서론 1
• 제1절 연구의 배경 및 목적 1
• 1. 연구의 배경 1
• 2. 연구의 목적 5
• 제2절 연구의 범위와 방법 6
• 1. 연구의 범위 6
• 2. 연구의 방법 8
• 제3절 연구의 구성 8
• 제2장 이론 및 제도적 고찰 11
• 제1절 주택중개의 개념 11
• 1. 주택의 구분 11
• 2. 주택중개의 특성 16
• 3. 주택의 중개활동 차이 19
• 제2절 중개보수와 실비제도 45
• 1. 부동산중개보수 제도 45
• 2. 주택중개보수율의 변화 65
• 3. 실비제도 82
• 제3절 선행연구 99
• 1. 부동산중개보수 99
• 2. 실비제도 108
• 3. 연구의 차별성 110
• 제3장 분석틀 112
• 제1절 문제제기 및 조사설계 112
• 1. 문제제기 112
• 2. 조사설계 113
• 제2절 자료수집 및 분석벙법 115
• 1. 자료수집 115
• 2. 설문지 구성 116
• 3. 분석방법 118
• 제4장 분석 결과 119
• 제1절 조사대상의 일반적 특성 및 직업에 대한 인식 119
• 1. 조사대상의 일반적 특성 119
• 2. 직업에 대한 인식 121
• 제2절 중개보수 127
• 1. 중개보수 제도 및 지역적 차등에 관한 인식 127
• 2. 공동주택과 단독주택의 중개활동 차이 분석 136
• 제3절 실비 141
• 1. 평균 중개활동비용 및 실비 수령 142
• 2. 현장안내 및 상담 145
• 제5장 결론 160
• 제1절 연구요약 160
• 제2절 정책적 제언 164
• 제3절 연구한계 및 향후과제 169
• 참고문헌 170
• 부록 177
• Abstract 185

참고문헌 (Reference)

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