인공지능 알고리즘을 활용한 부동산 거래의 민사법적 문제점 = Problems with Real Estate Transactions by Artificial Intelligence Algorithms

다국어 초록 (Multilingual Abstract)

While real estate transactions through algorithms are expected to expand beyond market price analysis, valuation, and rights analysis to real estate brokerage and real estate management, and the frequency of use is also expected to increase, algorithmic biased or inaccurate decisions may result in losses. In this case, the user has room to dispute the default as a kind of incomplete performance, but there will be a considerable possibility that the real estate transaction platform using the algorithm will have a disclaimer in the terms and conditions in advance. Also, even if this is not the case, there is a problem that it is difficult to prove the damage caused by the algorithm. Algorithms, like products, are difficult to prove damage due to the complexity of technology and asymmetry of information, so if the "presumption of defects" under the Product Liability Act is applied by analogy, the effectiveness of civil liability can be improved.
In order to stably expand the use of AI or algorithms in real estate transactions, it is necessary to establish specific norms governing algorithms used in real estate transactions. These norms should specify the scope of the responsibilities borne by algorithm developers and real estate transaction platforms, and the obligation to explain the contents and specify them in terms and conditions and contracts should also be included to enhance the effectiveness of post-rescue measures. It is also necessary to seek data management methods to ensure the accuracy of real estate data used in algorithms. It is considered appropriate to institutionalize the method of verifying and certifying real estate data on real estate transaction platforms in the form of self-regulation in terms of the reliability and usability of the algorithm. Algorithms used in real estate transactions will also be secured if a certification system is established by public institutions and supervisory obligations are imposed.
As the world's first artificial intelligence law was established in the EU in April 2024, and the artificial intelligence law was also enacted in Colorado in May 2024, laws related to AI are emerging in each country, but regulations specific to the real estate sector have not yet been attempted, so it is essential to accumulate preemptive discussions on the legal framework for the use of algorithms in real estate transactions.

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