부동산거래신고에서 계약체결일의 기준

Abstract

The transaction of real estate must be reported within 30 days from the date of contract, and how to determine when the contract is made is still questionable. It is particularly problematic when a provisional contract which is, in fact, widely made in the practice of transactions is concluded. If provisional contract is set as a criterion, the date of provisional contract is applied retroactively, and when the report is filed with the date of contract as a criterion, a fine will be imposed because it is regarded as a false or delayed report on the transaction. Focusing on the reports on transactions filed by licensed real estate agents, this study has investigated the problems of the cases in which provisional contract becomes the criterion for the date of contract and solutions for them. We may be able to solve such problems as legal instability resulted from the cases in which provisional contract becomes the criterion for the date of contract grounded on the theory of legislation. Even before the legislative resolution, however, it is needed to take necessary measures to prevent any disadvantages of licensed real estate agents who are not trading parties but obligated to report the transactions without any counter benefits.