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(영문) 수원지방법원 2015.06.24 2014구단4232
업무정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is running a real estate brokerage business under the trade name called the “C Licensed Real Estate Agent Office” in Yeongdeungpo-gu, Young-gu.

B. On April 13, 2012, the Plaintiff: (a) arranged a sales contract for a seller’s building with a size of 263.6m2 and a building on the ground thereof (hereinafter “instant real estate”), which was constructed between the seller D and E; (b) drafted a sales contract on April 13, 2012; and (c) drafted a sales contract and a description verifying the object of brokerage on April 25, 2012.

C. After investigating the process of concluding the above sales contract according to the buyer’s agent’s appeal, the Defendant did not prepare and deliver a description and confirmation of the object of the brokerage in relation to the sales contract as of April 13, 2012. On April 25, 2012, the Defendant issued a disposition of business suspension against the Plaintiff on February 18, 2013 on the ground that the confirmation and explanation of object of the sales contract was omitted in relation to the sales contract as of April 25, 2012.

The Plaintiff asserted that the above disposition was unlawful and filed an administrative litigation with this court seeking revocation of the above disposition (U.S. District Court 2013Gudan851). On June 27, 2014, this court rendered a judgment revoking the above disposition on the ground that “the Plaintiff neglected to prepare a description and description of the object of brokerage and neglected to act as a reason for the disposition, but it does not include some of the reason for the disposition, and the Plaintiff appears to suffer a significant degree of shock in his/her livelihood.”

E. Accordingly, the Defendant, on September 1, 2014, did not perform the confirmation and explanation of the object of brokerage faithfully and correctly when the Plaintiff drafted a description and confirmation of the object of brokerage as of April 25, 2012, on the ground that it did not perform the confirmation and explanation of the object of brokerage. This does not exceed the same, before being amended by Act No. 11943, Jul. 17, 2013.

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