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(영문) 서울행정법원 2019.06.14 2018구합5796

업무정지처분취소

Text

1. The Defendant’s disposition of business suspension for two months against the Plaintiff on March 12, 2018 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On January 15, 2016, the Plaintiff completed the registration of establishment of “D” of the Licensed Real Estate Agent Office (Seoul Special Metropolitan City, Nowon-gu, and C) with the location of its office as a licensed real estate agent. On February 22, 2016, the Plaintiff: (a) transferred the location of its office to “Seoul Special Metropolitan City, Nowon-gu E and 1st floor”; (b) completed the report of the transfer of its office to “F Licensed Real Estate Agent Office”; and (c) joined the “J” as an organization organized by the licensed real estate agents engaging in brokerage business in Gdong, Hdong, and I Dong area in Seoul Special Metropolitan City, Nowon-gu; and

B. Article 26(1)3 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) and Article 26(1)3 of the Fair Trade Act (hereinafter “Fair Trade Act”) by strengthening barriers to entry into the relevant market to restrict the business activities of the member enterprisers as follows.

3. On July 17, 2017, based on Articles 27 and 28 of the Fair Trade Act, on the ground that a member business entity (referring to a business entity who is a member of a business entity's organization; hereinafter the same shall apply) committed an act unreasonably restricting the business contents or activities of the member business entity, a corrective measure and a penalty surcharge (hereinafter referred to as "instant penalty surcharge, etc.") was imposed against the J, and on June 22, 2017, the Defendant notified the Defendant of the foregoing fact and the J-member List.

▣ 비구성사업자와 공동중개를 한 구성원에 대한 제재(이하 ‘제1 공정거래법위반행위’라 한다) J는 구성사업자인 회원 간에만 거래를 하도록 하고 비회원과 거래하는 것을 금지하는 회칙을 두고, 구성사업자인 이 위 회칙을 위반하여 비회원인 과 공동중개를 하였다는 이유로 2011. 4. 19. 을 제명하였다.

▣ 구성사업자의 영업장 이전 방해 행위(이하 ‘제2 공정거래법위반행위’라 한다) J는 영업장 이전 제한에 대한 내부 회칙을 두고, 위...