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(영문) 의정부지방법원 2014.10.02 2014노698

공인중개사의업무및부동산거래신고에관한법률위반

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal: ① The Defendant did not lend a licensed real estate agent’s license to the Defendant; ② E merely mediates a contract for the transfer or acquisition of the goodwill; since the goodwill is not included in the object of brokerage provided by the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, E mediates a contract for the transfer or acquisition of the goodwill.

Even if it does not correspond to the "act of brokerage", and ③ in the case of the Dispute Resolution Co., Ltd., it was known that E is not a licensed real estate agent, and E merely submitted the defendant's business registration certificate to the Dispute Resolution Co., Ltd. in order to receive fees, and thus the defendant should be acquitted, despite the fact that the defendant was not guilty, the court below found the defendant to violate the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act.

2. However, according to the records, the defendant's name can be acknowledged in mediating the marina acquisition contract, and the facts charged in this case are true that the defendant used the defendant's name to render brokerage services, and since the defendant did not lend a certificate of qualification of licensed real estate agent, the defendant's assertion that he is not guilty is without merit.

(2) Article 2 subparagraph 1 of the former Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act provides that "mediation" means mediation of sale, exchange, lease, and other acts concerning the acquisition, loss, and transfer of rights between parties to a transaction regarding the objects of brokerage under Article 3." Article 3 of the former Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act provides that "the objects of brokerage" shall be "one-way land;

2. Buildings and other fixtures on land:

3. The term "other property rights and things prescribed by Presidential Decree" is defined as "property rights and things."