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(영문) 인천지방법원 2017.08.18 2017구합347

행정처분감경

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. The Plaintiff, a person operating a real estate brokerage business under the trade name of “B”, was a broker for entering into a sales contract between C and F (hereinafter “instant sales contract”) with respect to the building Nos. 503 on the ground of land (hereinafter “instant real estate”) owned by Seocheon-gu, Seocheon-gu, Seocheon-gu, and Seocheon-gu, B at the request of C around March 2015.

B. In the process of mediating the conclusion of the instant sales contract, the Plaintiff: (a) drafted a transaction agreement on March 2, 2015 with the terms and conditions that “15 million won (contract amounting to KRW 100 million)” on behalf of C on the part of C on March 2, 2015 (hereinafter “first transaction agreement”); and (b) written a special terms and conditions under the said transaction agreement, stating that “3. the seller cooperates in changing the reported amount according to the buyer’s loan condition.”

C. However, the Plaintiff entered the sale price into “130 million won (contract amounting to KRW 10 million)” and additionally entered into a transaction agreement containing the aforementioned special agreement (hereinafter “second transaction agreement”). On May 7, 2015, the Plaintiff entered the instant real estate transaction price on the real estate on the real estate register as “130 million won,” which is the transaction price under the second transaction agreement, accompanied by the second transaction agreement.

On February 2, 2017, the Defendant filed a civil petition stating that “the Plaintiff prepared two copies of the contract document, and did not deliver the transaction contract document and the confirmation description, etc. of the object of brokerage,” and conducted fact-finding investigations with respect to the Plaintiff, etc. from around that time to February 8, 2017.

E. On March 9, 2017, the Defendant issued a disposition against the Plaintiff for the suspension of business for six months pursuant to Article 39(1)6, 8, 11, and (2) of the Licensed Real Estate Agents Act and Article 25(1) [Attachment 2] of the Enforcement Rule of the same Act for each of the following reasons.