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부동산매매 등의 계약 해제와 부동산중개업자의 보수청구권에 대한 고찰 - 일본판례를 중심으로 -
이재웅,김영규 한국경영법률학회 2009 經營法律 Vol.20 No.1
This paper focuses on the issues of precedent and doctrine as they relate to the broker's claim for a fee. After studying the precedent and doctrine in Japan, it will hopefully be easier to establish a meaningful and workable policy for Korea. Before a broker can claim a fee, the following three conditions must first be met First, the intermediation contract between a broker and a client needs to be completed. Second, the broker should provides the intermediation services for which the client contracted. And third, the broker's services are clearly seem to result in the completion of a real estate contract. In this paper, the focus will be on whether the broker's claim for a fee is maintained or forfeited whenever a completed contract is cancelled by one party's or both parties' default on an obligation. Even though this problem occurs often in Korea during the day to day practice of intermediation, it is nevertheless true that no judicial precedent has ever been set. It is also true that there have been very few studies of this issue, even though it is extremely complex and has tremendous legal implications. There could be several reasons why problem arises frequently in Korea. The following are offered as possibilities: Brokers don't want to go to court but would rather work it out. Financially, it's not worth it even if he wins the case. Furthermore, most brokers don't have a full knowledge of the law. For these reasons, this paper analyzes the Japanese judicial precedents into how those systems understand and deal with this issue. Specifically, if the completed contract is cancelled because of a default on an obligation through no fault of the broker, will the broker's claim for a fee be maintained and honored? If so, is the broker entitled to the entire fee or a partial one, and within what kind of time frame can he expect payment? The conclusions reached on this paper will not only provide guidance regarding the establishment of a Korean policy for intermediation, but also make a significant contribution to the academic understanding of such matters.
부동산중개대상물확인・설명의무의 법률효과에 대한 고찰 — 일본 판례를 중심으로 —
이재웅,김영규 한국경영법률학회 2013 經營法律 Vol.23 No.2
The role of realtor is very important in a real estate transaction. Signing the real estate contract of sale is not an easy task the general public without the assistance of the experts into great detail to investigate and verify because of complex rights relationships, as well as process limitations in the real estate. Therefore, it is common to conclude the real estate contract of sale using the knowledge and experience of the specialist realtors who are expert in real estate transactions. Law for licensed real estate agent impose the verification of brokerage objects and the duty to explain on realtors when they deal in real estate for the benefit of the general public. Even though law for licensed real estate agent impose that relators must verify and explain about important matters on a deal when they were asked to mediation real estate sales for client and sign the contract of sale, if realtor violates the check real estate brokerage object and the duty of explain, the effect of private law is a problem related to characteristic of law for licensed real estate agent, that mean is whether their behavior is breach of duty on the deal or tort. In this paper, we classify the generated conflict which realtor is involved in conclusion of a contract and consider that the problem. We examine whether realtors are able to cancel the contract of real estate sale directly with the violation of the duty to explain and the verification of brokerage object or not, in this case, we also consider the relationship between contractual obligations and check brokerage object and the duty of explain. Moreover, if brokerage contractual relationship are existed between realtors and clients, realtors will be charged the fiduciary duty. therefore we also consider the relationship between fiduciary duty and the verification of brokerage object and the duty of explain. Furthermore, if realtors breach the verification of brokerage object and the duty of explain in case brokerage contractual relationship are existed between brokers and clients case, we can demand damages for default. However, in this case, law doesn't be taken constitution of law by default liability and law is taken the constitution of law by tort liability. we also consider what makes different conclusion depending on the constitution of law.
싱크로트론 X선 근접 리소그래피에 의하여 전사되어진 라인의 폭에 대한 에어리얼 이미지 시뮬레이션
이재웅,서용덕,김오윤,최보경,김희상 대한전자공학회 1998 電子工學會論文誌, D Vol.d35 No.2
An aerial image simulator for the synchroton X-ray proximity lithography system has been developed. The modal expansion method and Rayleigh-Sommerfeld diffraction theory are used in calculating the aerial image which is formed by diffracting of the partially coherent X-ray, Experimental results of PALC(POSTECH Advanced Lithography Center) lighography system and simulated results are compared. The experimental and theoretical values of the width of replicated lines are consisted with the relative error less than ~5%. The method to determine the divergent angle of X-ray from the analysis of the width of replicated lines is given.