부동산 플랫폼 법제에 관한 연구 - 부동산 중개·관리·투자플랫폼을 중심으로 -

부동산 중개·관리·투자 온라인 플랫폼의 법제를 연구했다.

In the aftermath of the COVID-19 pandemic, non-face-to-face transactions conducted through internet- and mobile-based online platforms have increased rapidly not only in the field of movable property transactions but also in the real estate sector, leading to the active participation of various platform operators into the online market. With the expansion of user bases, large-scale platform operators have benefited from network effects that enhance platform asset value, which in turn has led to concerns regarding the abuse of market-dominant positions.

Accordingly, discussions on the regulation of platform service providers have emerged, alongside growing recognition of the need for legal regulation to protect service users and for legislative measures to establish a coherent legal framework. However, as the concept of a “platform” has not yet been formally defined by statute and no independent legislation directly applicable to platforms or real estate platforms currently exists, the legal framework governing real estate platforms remains underdeveloped.

Therefore, for the purpose of systematizing the relevant real estate laws, it is appropriate to review the applicable legal provisions by classifying them according to the platform business operators, the virtual spaces in which business activities are conducted, and the specific methods of business operation.

Accordingly, in order to address the question of which laws may be applied to regulate unfair practices arising in the provision of real estate–related services, where transactions such as the sale and lease of real estate—being tangible fixed assets such as land and buildings—are conducted within online virtual spaces, this study first examines the existing legal framework applicable to real estate platforms. It then proceeds to conduct a comparative review of the legal systems of major foreign jurisdictions where the current legal framework is found to be insufficient, and, by drawing on the implications thereof, focuses on exploring measures for improving the domestic legal framework.

However, while real estate platforms provide a wide range of services—either in an integrated manner or by specialized field—including real estate development and consulting, brokerage, management, finance, investment, taxation, and legal services, this study limits its scope of analysis to platforms operating in the real estate brokerage, management, and investment sectors, which are the most commonly utilized in practice. The stakeholders involved in online real estate platform services may be classified into platform operators, users, and server providers.

Although any person may establish a platform and operate it as a business, due to the nature of online virtual spaces as places of business, platforms merely provide a virtual marketplace in which a large number of users may engage in either direct transactions or brokered transactions within the platform, without directly participating in real estate transactions themselves. Moreover, platform operators do not necessarily charge usage fees to all service users. From the perspective of practical operation, therefore, platform operators are not parties to the underlying transactions.

In this regard, the legal status of platform operators may be conceptualized from a dual perspective: on the one hand, their liability as electronic commerce operators, and on the other, their responsibility as de facto intermediaries. However, in order to reasonably regulate the respective interests involved, platform operators are, at a fundamental level, subject to the duty of good faith as business operators, as well as to legal principles that must be observed in the design and operation of platforms.

Such principles include the legal framework governing fairness in electronic commerce, the prohibition against the abuse of market-dominant positions by platform operators, the prohibition of unfair or deceptive representations and advertising practices, and the principles governing the secure management of personal data. With respect to real estate brokerage platforms, it is necessary to amend the Licensed Real Estate Agents Act to include indirect brokerage activities within the statutory definition of brokerage, thereby clearly imposing qualifications and responsibilities on real estate brokerage platform operators that perform real estate brokerage functions.

Furthermore, under the current legal framework, where incidents arise from false listings or exaggerated advertisements related to properties registered on real estate brokerage platforms by users pursuant to the principle of autonomy in listing registration, no specific regulatory measures are in place, and liability is limited to the civil liability of the listing registrant. In order to prevent such incidents, it is considered necessary to introduce institutional reforms that impose responsibility for false listings and exaggerated advertising on platform users who are not business operators.

In addition, to promote the activation of real estate brokerage platforms characterized by non-face-to-face transactions, it is also necessary to introduce expert-based on-site inspection systems, expand access to electronic contract systems, and adopt standardized property verification forms. In the case of real estate management platforms, their business activities may be categorized into forms of lease management, facility management, and asset management.

The properties subject to such services include multi-unit residential housing such as apartment complexes, collective buildings such as commercial complexes, office buildings including officetels, and special-purpose buildings such as hotels and hospitals. However, the predominant use of management platform services is concentrated in platforms for the management of multi-unit residential housing and collective buildings. Management platforms are not limited to providing management services within the plat