공인중개사무소등록취소처분 취소청구의소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff, upon completing the registration of establishment of a brokerage office, is a licensed real estate agent with the Defendant, operated a mutual brokerage office of “C Licensed Real Estate Agent Office” (hereinafter “instant brokerage office”).
B. On December 30, 2014, the Defendant rendered a disposition revoking the registration of establishment of the instant brokerage office (hereinafter “instant disposition”) on August 16, 2016, on the ground that the Plaintiff violated Article 19(1) of the Licensed Real Estate Agents Act by having D, a brokerage assistant, act as a licensed real estate agent, act as a broker for the conclusion of a sales contract by using the Plaintiff’s name as a licensed real estate agent.
[Reasons for Recognition] Facts without dispute, Eul's evidence Nos. 7-4 and 8, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. As to the Defendant’s assertion that the instant disposition is lawful on the grounds of the disposition and the relevant statutes, the Plaintiff asserts that the instant disposition is unlawful on the following grounds.
1) The Plaintiff did not allow D to render brokerage services using the Plaintiff’s name or trade name, nor did it provide convenience from D or convenience to D. At the time of the instant case, D without the Plaintiff’s permission, entered the Plaintiff’s name in the sales contract and sealed the seal. As such, there was no violation of the Plaintiff’s Acts and subordinate statutes, which serve as the basis for the instant disposition. (2) The Plaintiff was directly in charge of the instant brokerage office after the establishment of the instant brokerage office, and had the broker assistant take charge of the business, and the cancellation of the registration of the establishment of the brokerage office is an excessive disposition to revoke the registration of the establishment of the brokerage
(b) as shown in the attached Form of the relevant statutes;
C. 1) Determination 1) Article 19(1) of the Licensed Real Estate Agent Act provides that a practicing licensed real estate agent may render brokerage services using his/her name or trade name to another person.