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(영문) 서울행정법원 2014.07.03 2013구합17541

불합격처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On October 28, 2012, the Defendant: (a) entrusted business affairs related to the implementation of the qualifying examination for licensed real estate agents by the Minister of Land, Transport and Maritime Affairs; and (b) conducted the qualifying examination for licensed real estate agents on October 23, 2012 (hereinafter “instant examination”) by dividing it into the first examination (09:0 to 10:40) and the second examination (11:30 to 14:00).

B. The subjects of the instant examination are as follows, 40 points out of 100 per subject, and points assigned to each subject are 2.5 points.

The first examination of real estate (including the second examination) - The theory of real estate science (including the theory of real estate appraisal) - the Civil Act (excluding the juristic act in general provisions, pledge, the Real Rights Act excluding the general provisions, the General Provisions, the Trade, Exchange, and Lease among the Contracts Act) and the provisions concerning the brokerage of real estate among the Special Civil Act - Acts and subordinate statutes concerning the duties of licensed real estate agents and the report of real estate transaction and the brokerage practice - Acts and subordinate statutes concerning the registration of real estate (the Registration of Real Estate Act, the Registration of Real Estate Act, Sections 4 and 3 of Chapter II of the Land Survey, Waterway Survey and Cadastral Records Act) and the Real Estate-Related Acts and subordinate statutes - The provisions concerning the brokerage of real estate in the Real Estate Act (the Housing Act

C. In the first and second tests of this case, the Defendant: “A person who scores at least 40 points in each subject, an average of at least 60 points in all subjects,” among the applicants for the examination of this case, shall be a successful applicant (e.g., a method of evaluation) and the second examination scores of those who failed the first examination were null and void.

The examination problem of this case was set up in a way that misleads the most suitable answer among the five answers presented for each issue. D.

The plaintiff passed the 22th qualifying examination for licensed real estate agents and applied for the 22th qualifying examination without applying for the 1st examination, but only the 2nd qualifying examination. However, the "Acts and regulations concerning licensed real estate agents' business and reporting of real estate transactions and brokerage practice" subjects.