공인중개사법위반
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles 1) The instant officetel does not fall under the object of brokerage under the Licensed Real Estate Agents Act, and the said sales contract is not subject to brokerage. 2) It is true that the Defendant, upon request from D to request that the instant sales contract be affixed a real estate agent’s name plate, affixed the name plate.
However, this is merely a formal seal of a name plate without any legal meaning after the completion of all the contract processes such as the preparation of contract and the payment of contract between E and F as party parties, and there is no connection with brokerage business.
3) The Defendant did not allow or deliver D to use its business registration certificate and certificate of mutual aid. 4) The Defendant believed that the instant sales contract was not an object of brokerage to which the Licensed Real Estate Agents Act applies. Since D did not know that it was acting as a licensed real estate agent or acting as a licensed real estate agent by using the Defendant’s name plate, there was no awareness of intention or illegality in violation of the Authorized Brokerage Act.
B. The lower court’s sentence of unreasonable sentencing (fine 1,00,000) is too unreasonable.
2. Determination
A. Determination of misunderstanding of facts and misunderstanding of legal principles 1) The Defendant asserted that the object of brokerage and brokerage under the Licensed Real Estate Agents Act fall under the category of brokerage (A) also the lower court’s argument to the same effect as the grounds for appeal.
In light of the following circumstances, the lower court determined that D’s act of introducing the instant officetels constitutes brokerage provided for in the Licensed Real Estate Agents Act, and that the instant officetel constitutes an object of brokerage provided for in the said Act.
(1) Since the sale in lots of Htel, in which E in which he/she is the actual representative, was low, G decided to sell and sell at a discount unsold portion.
(2) D) introduce the officetel to F.