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(영문) 서울행정법원 2015.03.19 2014구합19858

업무정지처분취소

Text

1. The Defendant’s disposition of business suspension (from November 15, 2014 to February 7, 2015) against the Plaintiff on November 13, 2014 is revoked.

2...

Reasons

1. Details of the disposition;

A. From January 28, 2012, the Plaintiff has been engaged in real estate brokerage business under the trade name “C Licensed Real Estate Agent Office” in Gwanak-gu in Seoul Special Metropolitan City.

B. Upon request from D on October 18, 2013, the Plaintiff arranged a lease agreement with D for two years from October 23, 2013 to October 23, 2015 with a deposit of KRW 2 million, monthly rent of KRW 4.5 million (hereinafter “instant contract”).

C. On June 23, 2014, lessee D of the instant commercial building: (a) on the part of the Defendant on June 23, 2014, the “a description verifying the object of brokerage” of the instant commercial building stated not only a false statement that there is no leakage of the wall despite water leakage on the ceiling and the wall; (b) the parking lot and heating facilities are also different from the fact; and (c) the “lease Agreement” includes the omission by two owners, thereby requesting administrative measures to be taken by investigating the truth.

On July 21, 2014, the Defendant notified the Plaintiff of the prior disposition that it would be expected to suspend business for 6 months on the ground of “inappropriate preparation of a description of confirmation of the object of brokerage and a transaction contract”.

The Plaintiff, around seven months after the tenant moved in, brought an issue due to the "passage", and the number of occupants at the time of occupancy was not confirmed, and the Plaintiff expressed its opinion to the effect that the omission of the part of the "two persons" is merely a mere number of copies, although the description of the object of brokerage erroneously stated the parking lot, etc. and the content of the "lease Contract" is stated in the "Se and two persons."

E. On August 4, 2014, the Defendant: (a) was the Plaintiff; and (b) was pre-amended by the Licensed Real Estate Agent Act, No. 12374, Jan. 28, 2014; and (c) the former Licensed Real Estate Agent Act.

(2) the relevant disposition.