다세대주택에 공동근저당권이 설정된 경우 공인중개사의 중개대상물 확인ㆍ설명의무의 범위 - 대상판결: 대법원 2025. 12. 4. 선고 2024다305087 판결 -

초록

This article examines the scope of a licensed real estate agent’s duty to verify and explain in lease transactions involving multi‑unit housing subject to a joint mortgage, focusing on the Supreme Court decision of 4 December 2025 (Case No. 2024Da305087). The decision proceeds on the premise that a tenant’s ability to recover the lease deposit in a particular unit may vary depending on the priority rights and lease status of other units subject to the same joint mortgage. On that basis, it recognizes a duty on the part of the agent not only to verify and explain the rights and lease status of the unit being brokered, but also to verify, explain, and record the rights and lease status of related units in the written statement of verification and explanation. While this conclusion is appropriate from the perspective of tenant protection, this article argues that treating the agent’s obligations under the single concept of a “duty to verify and explain” fails to sufficiently distinguish the content and limits of each stage of the duty, thereby making it difficult for agents to foresee the scope of their responsibilities. Accordingly, the article proposes that the agent’s obligations be reconstructed into five stages: factual verification, provision of information, explanation of the meaning and structural significance of verified facts, recommendation that the client seek advice from a legal professional, and written recordation. In particular, in areas such as joint mortgages that require legal evaluation, a licensed real estate agent should not be expected to predict specific distribution outcomes or priority rankings. Rather, the agent’s role should focus on explaining what the verified facts mean for the structure of deposit recovery and, where necessary, advising the client to seek expert legal advice.

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