영업정지처분취소
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 April 10, 2014, the Plaintiff, a licensed real estate agent operating the B Licensed Real Estate Agent Office, arranged a sales contract to sell D real estate located in Bupyeong-gu Incheon (hereinafter “instant real estate”) owned by C to E and one other. In preparing the sales contract (hereinafter “instant contract”), the Plaintiff entered “E and one other” in the buyer column of the instant contract without specifying the remaining personal information.
B. Accordingly, on October 27, 2014, the Defendant rendered the instant disposition that the Plaintiff shall be suspended from working for one month on the ground that the Plaintiff did not prepare a proper contract document.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, 2-1 and 2-2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. At the beginning of the Plaintiff’s assertion, two buyers agreed to purchase the instant building. At the time of the sales contract, the buyer was not determined by the buyer other than E and thus entered “E and one other” in the column for the buyer of the instant contract, and there was an agreement with the seller C, and thereafter, the buyer confirmed the buyer before filing a report on real estate transactions and concluded the sales contract again.
After that, at the time of real estate transaction, the buyer of the contract of this case entered the F personal information in the joint name column below and entered a new sales contract.
Considering these circumstances, the instant disposition ordering the Plaintiff to suspend business is unfair, and there is an error of deviation or abuse of discretion.
(b) Entry in the attached Form of relevant statutes;
C. According to Article 26(1) of the Licensed Real Estate Agents Act and Article 22(1) of the Enforcement Decree of the same Act, a broker shall prepare a contract document and deliver it to the parties to the transaction when the brokerage is completed, and the contract document shall be prescribed by the Enforcement Decree, such as “personal information of the parties to the transaction.”