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(영문) 대전지방법원 2017.11.22 2016구합105793

업무정지처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

As a certified public appraiser belonging to the Uniform Certified Public Appraisal Corporation (hereinafter referred to as the "united Public Appraisal Corporation") B, the Plaintiff issued 29 appraisal reports as shown in attached Table 1, from September 2014 to June 2015, upon receiving a request for appraisal from the Yongsan Saemaul Community Fund (hereinafter referred to as the "instant lending institution") located in Busan.

On October 23, 2015, the Busan Regional Headquarters of the Korean Community Credit Cooperatives requested the Defendant to conduct a feasibility study on the appraisal conducted by the Plaintiff among the loan securities provided by the instant lending institutions. On November 3, 2015, the Defendant directed the Director of the Korea Appraisal Board to conduct a feasibility study on the collection of basic data and the analysis of the details of appraisal (hereinafter “instant feasibility study”).

On July 21, 2016, the Korea Appraisal Board submitted to the Defendant the instant basic survey on feasibility, as a result of conducting the instant basic survey, 15 cases required for deliberation by the Certified Appraisers Disciplinary Committee (attached Table 1 Nos. 2 through 6; hereinafter “instant appraisal”) among the 29 appraisal statements listed in the attached Table 1 list, 5 cases, less than 8 cases, and 1 cases, respectively.

The Defendant’s disposition of sanctions under Article 37(1) of the former Act on the Public Announcement of Real Estate Values (wholly amended by Act No. 13796, Jan. 19, 2016; hereinafter “former Public Notice of Real Estate Act”) shall be governed by the Act at the time of an act, on October 4, 2016, following a resolution of the Certified Appraisers Disciplinary Committee held on August 30, 2016 on the appraisal of the instant case. However, although the instant disposition is indicated as Article 25(1) of the Act on Appraisal and Certified Appraisers, it is reasonable to enter the instant disposition as Article 37(1) of the former Public Notice of Real Estate Values Act, which is the Act prior to the amendment, in terms of the selection, assessment, and assessment of comparative value formation factors.

In violation of this section, the appraisal has not been conducted fairly with good faith and has been conducted by gross negligence.