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(영문) 서울고등법원 2018.04.04 2017누81238
공인중개사등록취소처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasoning of the judgment of the court of first instance, which cited the judgment, is the same as that of the part of the judgment of the court of first instance, except where the part of the grounds for appeal is used as follows, and the judgment on the grounds for appeal is added as set forth in paragraph (2) below. As such, Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act shall be quoted as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act. The part

The judgment of "..." in Part 4 of the judgment of the court of first instance shall be deemed "......"

The summary of the grounds of appeal as to the grounds of appeal refers to the case where a licensed real estate agent allows an unqualified person to render brokerage services using his/her name to another person, and such case shall be determined depending on whether a unqualified person actually performs his/her business using the name of the licensed real estate agent. It shall not be deemed that the case where a licensed real estate agent allows an unqualified person to conduct brokerage services using his/her name, and the case shall be determined based on whether a unqualified person actually performs his/her business by using the name of the licensed real estate agent. The case where a licensed real estate agent allows an intermediary assistant, etc. under his/her command and supervision to act

The plaintiff did not have had a brokerage assistant D perform a substantial brokerage business, and only had D act on behalf of the plaintiff in the sales contract and the confirmation and explanatory note of the object of brokerage and the signature and seal of the plaintiff in the sales contract.

There is no fact that D, who is not the plaintiff, led the process of sales contract brokerage.

Therefore, the disposition of this case is unlawful because there is no ground for the disposition.

Article 19 (1) of the Licensed Real Estate Agents Act does not interpret the meaning of "where a licensed real estate agent allows another person to render brokerage services using his/her name, and instead does not interpret it as mentioned in the above paragraph (1)."

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