공인중개사법위반에 따른 행정처분(업무정지) 원인무효청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On December 24, 2009, the Plaintiff registered the establishment of a brokerage office with the trade name of “C Licensed Real Estate Agent Office” (hereinafter “C Licensed Real Estate Agent Office”) as a licensed real estate agent qualified as a licensed real estate agent.
B. On January 24, 2015, the Plaintiff arranged a lease agreement between D and E (hereinafter “instant lease agreement”) with respect to the Military Service F, 410 (hereinafter “instant housing”) at the instant brokerage office, and the confirmation statement on the instant brokerage object that the Plaintiff is required to keep pursuant to the Licensed Real Estate Agents Act was omitted with the Plaintiff’s signature and seal affixed thereto.
C. Accordingly, on June 12, 2015, the Defendant rendered a 45-day business suspension disposition against the Plaintiff (i.e., July 1, 2015 to August 14, 2015) pursuant to Article 39(1)7 of the Licensed Real Estate Agents Act (hereinafter “instant disposition”).
Since then, when the Plaintiff was found to have advertised real estate using the Internet portal site during the business suspension period, the Defendant issued the disposition of revocation of the real estate agent registration against the Plaintiff on November 6, 2015.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 4 (including each number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. At the time of mediating the instant lease agreement, the Plaintiff asserted that the Plaintiff: (a) properly signed and sealed the confirmation manual on the object of brokerage and delivered it to the lessor and the lessee; (b) however, the Plaintiff did not violate Article 25(4) of the Licensed Real Estate Agent Act, since only the documents required to be kept in the office have omitted the signature and seal by mistake.
In addition, the instant disposition was conducted by the Defendant’s illegal witness investigation, and thus, is a serious procedural defect.