Plaintiff 1 and 50 others (Law Firm Uuss., Attorneys Kang Yong-sung et al., Counsel for the plaintiff-appellant)

Human Resources Development Service of Korea (Law Firm Doll, Attorneys Gyeong-jin et al., Counsel for the plaintiff-appellant)

April 1, 2005

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

The defendant revoked the disposition that failed to pass the 14th licensed real estate agent qualification examination against the plaintiffs on November 6, 2003.

1. Details of the disposition;

A. Under Article 41(3) of the Enforcement Decree of the Real Estate Brokerage Act (hereinafter “Enforcement Decree”), the Defendant delegated the authority to conduct the 14th licensed real estate agent examination by the Minister of Construction and Transportation, and conducted the qualifying examination for licensed real estate agents on September 14, 2003 (hereinafter “instant examination”).

B. The method of a licensed real estate agent examination is a multiple-choice test: (a) the primary test [the subject of the examination is a real estate academic outline (the first subject), the Civil Act and the Special Civil Act (the second subject)] and the second test [the subject of the examination is a real estate brokerage law and the brokerage practice (the third subject), the Acts and subordinate statutes related to the publication of real estate, the Real Estate Tax Act (the fourth subject), the Real Estate Law (the fourth subject), and the Real Estate Law (the fifth subject)] and the second test (the subject of the examination is a score of at least 40 points for each subject out of 100 points for each subject and an average of at least 60 points for all subjects.

C. On November 6, 2003, the plaintiffs applied for the instant examination conducted simultaneously with the first and second tests, and obtained the same as indicated in the corresponding score in the list of the issues in which the plaintiff's score and the dispute were raised, and on November 6, 2003, the defendant issued a disposition of failure on the ground that each average score of the plaintiffs falls short of the average of 60 points, which are the successful score (hereinafter "disposition of failure in the instant case").

D. As seen in the table below, each of the plaintiffs stated in the column of “the pertinent plaintiff’s answer” as to each of the issues indicated in the column of “the issue” of each of the subjects as “the instant subject” indicated in the answer sheet as the answer sheet, but the defendant indicated in the column of “the plaintiff’s response to the selection of the defendant.” However, as the answer sheet in the column of “the defendant’s response to the selection of the defendant,” the plaintiffs set up the answer sheet as the answer sheet and set up the mark

(4) The entry of the list No. 1-2, No. 1-2, No. 5, No. 1-2, No. 5, No. 1-2, No. 3, No. 1-2, and No. 5, No. 1-2, No. 3, No. 4, and No. 1-2, No. 4, the same as the entry of the list No. 1-2, No. 5, No. 1-2, No. 3, and No. 1-2 (No. 4, No. 36) in the title of the list contained in the main sentence.

[Grounds for recognition] Unsatisfy, B-1 and 71, the purport of the whole pleadings

2. Whether the failure disposition in this case is legitimate

A. Summary of the plaintiffs' assertion

With respect to each of the issues indicated in the above table disputing the plaintiffs, it shall be recognized that the plaintiffs' selected answer is a correct answer or multiple answers, or there is no correct answer. Accordingly, if the plaintiffs' scores are corrected, the points are corrected, the passing point is caused. Thus, the failure disposition of this case that the plaintiffs failed to pass the disposition of this case is unlawful (the plaintiff related to multi-level issue is the list of plaintiffs related to each dispute in attached Form 3 (hereinafter referred to as "list of plaintiffs related to each dispute").

B. Criteria for determining legality of setting questions

In general, when preparing an examination as an administrative act, the setting member has discretion to freely determine what problems are within the scope of the statutory provisions, what terms and answers to the question are to be formed by using a language or text form, but the discretion has a limit to be properly exercised in the contents and composition of the setting so that the ability of the examinees can be assessed in accordance with the purpose of the examination, and when the exercise of discretion exceeds the limit, the setting member is illegal.

However, in the case of preparing the examination for a specialized field, the degree of difficulty is to be maintained to the extent that the purpose or nature of the examination is difficult to see the problem. Furthermore, in the case of a multiple-choice test such as a licensed real estate agent examination, the expression is somewhat unclear or a complex academic system can be classified as one of the preparation technology to reduce and express only the core contents. Since it is inevitable to use multiple-choice words in the process of forming the text and answer port in such specialized field, it cannot be deemed as abuse and deviation from discretionary authority without exception any error in all the questions arising from lack of precise correct words in the process of using general language, not a specialized language.

In addition, if the questions are given as a whole to observe the questions and to make a correct answer, and if there is a answer that can only be seen and correct, it shall be interpreted that the questions are written as being written without a correct answer, and if there is a answer, the examinee shall grasp the whole questions rather than being written with an unsatisfy and a unsatisfy, and considering the fact that there is only one answer, one question shall be drawn up as a correct answer, and if there is a answer other than the answer clearly determined as a correct answer, it may be see as a correct answer, and if there is a answer that can be seen as not a correct answer, it shall be treated as not a correct answer, and if there is only one answer to be written as being written without a correct answer, and if there is only one answer to be written as a whole, and if there is no other answer, it shall be considered that there is no reason to see that there is an unreasonable question or answer, and there is no reason to see that there is no other question or answer.

However, even in the above standards, if the questions can vary by his subjective interpretation or point of view, theories, specific teaching materials, etc., or if the questions are to be drawn up which the degree of setting up is not clearly understood even if it is interpreted as the ability and ability of the general examinee who applied for the examination, the question per se loses validity. In addition, if the questions are clearly selected as the final answer, or other answers are recognized as correct answer, the error in setting up and selecting the questions is illegal because it deviates from the scope and limit of discretionary power permitted in the course of setting up the objective test, and it is unlawful as it deviatess from and abuses the extent and limit of discretion permitted in the course of setting the questions.

In addition, in order to determine whether discretionary power has been exceeded or abused in the course of such setting-up, detailed and comprehensive review of all circumstances related to the point of view of the overall legal order, such as the content of regulation, the nature of the setting-up and draft-up, the character of the subject, the motive for setting-up, the contents, expressions and composition of the disputed questions and answers, the level of applicant's understanding ability, etc. (see Supreme Court Decision 9Da33960, Apr. 10, 2001, etc.).

(c) review by issue;

(1) No. A-type 2 of real estate science opening theory (B-type 1)

(A) The issue and the defendant's answer

The concept of the attached real estate contained in the main text is explained. It is correct? ① Real estate is a material property, and it refers to land, buildings, etc., so that the concept of the light real estate or quasi-real estate can not be expanded. ② The concept of quasi-real estate is divided according to the necessity of real life, and it cannot be the subject of study. ③ The space of the physical concept refers to the third source space, such as the public, surface, underground, etc., and the total three-dimensional space. ④ The movable of the legal concept refers to assets, production elements, products, location, environment, ownership, and other rights. ⑤ When real estate is land and fixtures, the object is a improved object that adds added value to the land, such as a house, shopping fence, fence, economic and water (e.g., rice rice).

Defendant’s Answer: 3

(B) Attached 3-A of the list No. 1-A of the plaintiffs

According to the general view of real estate scholars in Korea, the public space and the underground space are added to the three-dimensional space, and they are used as a concept compared to the horizontal space. It is reasonable for the defendant to make the public, surface, and underground as a three-dimensional space. (3) It is against the majority opinion that it is not included in the three-dimensional space.

Therefore, it is necessary to mark the above issues to the above plaintiffs, since the above issues are without correct answers to the contents of the answer.

(C) Determination

In this case, there is no dispute between the parties as to the fact that one cannot be the correct answer that the answer is the content of the answer. Therefore, it is examined whether the answer can not be the correct answer because it is not possible to be the content of the answer.

1) As to whether the surface of the earth is included in a three-dimensional space, ① real estate is a three-dimensional space; ② real estate is a three-dimensional space, and the space is a three-dimensional space, including an underground space and underground space, not a two-dimensional space, but a three-dimensional space, including an underground space and underground space. In particular, there is a view that the space is divided into an underground space and underground space, ② a place where buildings such as a house, a building, and a store are going to the air or underground space, ② a place where buildings such as an underground space, are going to the air space and underground space, and these are considered as a three-dimensional space. This is a relative concept space for the horizontal space, ③ a three-dimensional space such as a horizontal space like the ground surface. In addition, a three-dimensional space is divided into an underground space and underground space on the ground that it appears to be an underground space and underground space.

On the other hand, there is a view that land as a space is included in a three-dimensional space on the ground that it means a three-dimensional space, including underground and air space. ② The ownership of land in relation to a three-dimensional space is on the upper part of land within the scope of a certain profit and the upper limit is a space which uses both horizontal space, public space and underground space.

2) A lusation and multi-level space is a three-level space, namely, a 0-level space, a 1-level line and 2-level surface. Interpretation of a relative meaning in comparison with a flat space is to explain in relation to real estate that the right is not limited only to the surface, and the physical concept of a multi-level space cannot be established without the premise of a specific flat space of the surface. In other words, the underground space is a space towards the earth surface, and the air space is a space towards the earth surface, and the air space is a three-dimensional space except for the surface, and it cannot be said that there is a theoretical basis that the view that the ground surface is included in a multi-level space is not necessarily a three-dimensional space.

As can be seen, there is a view as to whether or not the surface (e.g., horizontal space) is included in the three-dimensional space, but eventually, in light of the nature of the objective test, a single answer is required to be selected as a correct answer, so long as there is a school person who takes the view of this answer, three times the theoretical grounds as seen earlier, and so, the answer most appropriate for the purport of this issue should be considered as a answer.

(D) Sub-committee

If so, the correct answer of this issue is three times, so the above plaintiffs' assertion that there is no correct answer is without merit.

(2) No. A-type 6 of real estate science opening theory (B-type 4)

(A) The issue and the defendant's answer

Land use acts, such as a land incineration site, reclaimed land or park construction, etc. included in the main text, cause external effects to the real estate market. Characteristics of real estate that can explain the cause of such external effects ? diversity of uses 1.

Defendant’s Answer: 5

(B) The plaintiffs' assertion in Attachment 3-B of the List No. 1-B

The use of land for any purpose may bring about the external effects of the adjacent real estate or in the real estate market, which will be the cause of diversity or location of land such as land, i.e., the diversity of land.

Generally, the characteristics of real estate, such as the characteristics of natural characteristics and uses, such as mobility, individual characteristics, and adjacent characteristics, diversity of uses, the variability of human location, and social and public nature. While the natural characteristics of the land themselves are the characteristics of the land, the personality of the human nature of the land is the characteristics that appear when the relationship with the land is established. The diversity of uses, one of the cultural characteristics, refers to the characteristics that land can be used for various purposes according to the social, economic and administrative environment of the area where the land exists.

This problem cannot be deemed to be a question of only the natural characteristics of the land itself, and it shall be deemed to be a question of the human nature of the land relevant to human use, which is the characteristics of the land. The land can bring about an external effect on the neighboring real estate or the real estate market, depending on which the land is used for any purpose, such as garbage incineration site, reclaimed land, or installation of a park due to diversity of its use. Therefore, it should be a correct answer.

(C) Determination

There is no dispute between the parties regarding the fact that the answer becomes a correct answer, and therefore, it is examined whether the answer can be a correct answer once based on B-1 and 6, 6, and 7.

The external effect is defined as the impact of a certain land use activity on the surrounding area without the cost-bearing of the polluter (or cost-bearing) and classified as an external economy or an external irregular economy. The external effect is that the environmental conditions that occur in the surrounding area of real estate are always affecting the price of real estate because the location of real estate is fixed in the land market. In other words, if a factory that produces garbage treatment plants or malodor in any surrounding area of a house contains a factory that produces garbage treatment plants or malodor, the price of the house concerned drops. This is because the excellent external effect of the surrounding facilities is not sufficient to reduce the price of the house concerned. It is the specific use area that was introduced to prevent such unnecessary external effect in the land use, regulate the use conflicting with each specific use area, and improve complementary functions between uses.

However, unlike the general goods, land is different for its use, and it is a factor to increase the value of the property of the land by seeking the best effective use as the optimal use of the land. Moreover, diversity of usage is premised on choice. Since land is affected by the specific use area and the district system regardless of the intent of the land owner, regardless of what kinds of land is located, installation of facilities is bound to be limited according to the specific use area. However, since all land is different from the use of land, it cannot be deemed to have multiple external effects, and it is necessary to install facilities, i.e., a specific land use act that gives a variety of effects or negative effects.

Thus, the fundamental purpose of this problem is not to ask the character of a person who can use any land for various purposes, but to ask the reason why the external effect is generated by the use of the land, so it is related to the geographical characteristics of real estate.

(D) Sub-committee

Therefore, the correct answer of this issue is considered to be only the answer 5. Therefore, the above plaintiffs' assertion that the answer is also a correct answer is without merit.

(3) Real estate science A-type 32 (B-type 36)

(A) The issue and the defendant's answer

It is explained that real estate advertising contained in the main text. ① Real estate advertising is characterized by both the buyers and the deceased, unlike other commodities advertising. ② Real estate advertising media has the characteristics of newspapers, DM, industry publications, traffic facilities, radio, television, etc. ③ The grounds for regulating real estate advertising are Monopoly Regulation and Fair Trade Act. ④ Housing construction business operators must indicate housing size, price, etc. in accordance with certain standards. ⑤ Because the space for using newspapers is large, the advertisement of newspaper media can freely use presses, photographs, detailed explanations, etc.

Defendant’s Answer: 3.5

(B) The plaintiffs' assertion in attached Form 1-C of the list No. 3.

The Act on the Fair Labeling and Advertising of Real Estate is the Act on the Fair Labeling and Advertising of Real Estate, and the specific guidelines for the disposal of housing display and advertisement are presented. According to this guidelines, this guidelines imposes strict restrictions on the display and advertisement of the area of housing, transportation, distance, loans, lease money, lease money, characteristics of housing, housing environment, living conditions, etc., and there is no provision on the price of housing.

In addition, it is not reasonable to apply the price clause in the public announcement of invitation of occupants to the advertisement procedure by newspapers and media that run in the pre-public announcement of invitation of occupants. Therefore, in the case of selling advertisements, it is not necessary to indicate the price, etc., and accordingly, it should be the correct answer of this problem.

(C) Determination

Since there is no dispute between the parties as to whether this issue is a correct answer, it is limited to whether this issue is a correct answer, as it is based on Gap 2, 3-1, and 2, Eul 8-1, 2, 9, and 10 based on the 8-1, 9, and 10.

1) Relevant statutes

【Fair Labeling and Advertising Act】

Article 3 (Prohibition of Unfair Labeling or Advertising)

(1) Business entities, etc. shall not place any of the following labeling or advertising that are likely to deceive or mislead consumers, which are likely to undermine fair trade order, or have other business entities, etc. conduct such labeling or advertising:

1. False or exaggerated labeling or advertising;

2. Deciding labeling or advertising;

3. Unfairly comparative labeling or advertising;

4. Slanderous labeling or advertising.

(2) Specific matters concerning acts falling under each subparagraph of paragraph (1) shall be prescribed by Presidential Decree.

【Guidelines for Examination of Housing Labeling and Advertising】

Ⅰ. Objectives

The purpose of this review is to present specific criteria for the criteria for the indication and advertisement of housing in examining the unfair indication and advertisement under Article 3 of the Act on Fair Labeling and Advertising (hereinafter referred to as the "Act") and Article 3 of the Enforcement Decree of the same Act.

Ⅲ Guidelines for the examination of indication and advertisement of housing;

1. Labeling and advertisements on the area (the omission of contents);

2. Indications and advertisements concerning traffic and distance (the omission of contents);

3. Indication and advertisement on loans and deposit money for lease on a deposit basis.

4. Labels and advertisements (materials, products, etc.) concerning the characteristics of housing;

5. Labeling and advertising of the housing environment, living conditions, etc. (to omit the contents);

【Rules on Housing Supply】

Article 8 (Procedures for Invitation of Residents)

(4) The public announcement of invitation of residents under paragraph (3) shall include the following matters not later than five days before the date on which the first application is received:

5. Time and payment price of sale prices, rental deposits, rents, subscription fees, contract deposits, advance payment, etc.;

2) Real estate advertisement can be defined as "the introduction of goods to the real estate market as one of the acquisition processes in which a clearly designated advertiser assists customers in making real estate decisions, and the introduction of goods to the real estate market and its sales methods are sought. Such real estate advertisement can be classified in various ways. However, even though the public announcement notice is made by a housing construction business operator (any person who intends to implement a housing construction project exceeding the number of housing units as determined by the Presidential Decree, shall register with the Minister of Construction and Transportation, submit an application for approval of a project plan to the Mayor/Do governor, and submit an application for approval of a project plan to the Mayor/Do governor, and obtain approval of a project plan), the contents of real estate products can be

In addition, the advertisement of a construction company without the size and price of the house can be interpreted as a image advertisement which represents the contents of the company's image and business rather than a sale advertisement and brings about the first step of marketing. (4) If the advertisement is limited only to the house in this issue, it is natural to interpret it as a concept including the sale announcement in accordance with the Housing Supply Rules. Therefore, in this issue, real estate advertisement does not refer only to the advertisement under the Act on Fair Labeling and Advertising, but also includes the sale announcement in accordance with Article 8 of the Housing Supply Rules, and it should be viewed that the regulation is made in accordance with the above Rules.

(D) Sub-committee

If so, this issue's answer (4) is appropriate, so the answer can not be a correct answer, and the above plaintiffs' assertion is without merit.

(4) No. A-type 41 of the Civil and Special Civil Law (B-type 41)

(A) The issue and the defendant's answer

The table included in the main text is the attitude of judicial precedents on the opposing power of the housing lease. The key point is ① When the lessee subleases the house with the consent of the lessor and completes the resident registration after the sub-lease takes over the house, the lessee obtains the opposing power from the following day: ② When the lessee gains the opposing power and the lessee transfers the resident registration to a temporary or other place with his family for any reason, the opposing power shall be lost. ③ Even if the lessee has opposing power to the transferee does not want the succession of the lease relationship, if the lessee does not want the succession of the lease relationship by himself, the lessee may terminate the lease contract and claim a preferential repayment before the expiration of the lease term. ④ If the owner of the house who has moved in and reported the moving-in house sells the house to another person, while maintaining the previous status, the opposing power of the house lease arises from the date following the first moving-in report of the transferor. ⑤ Where the re-registration is made pursuant to the procedures prescribed in the Resident Registration Act after the ex officio of the resident registration, even a bona fide third party who entered into the new interest in the leased is maintained.

Defendant’s Answer: 4

(B) Attached 3. The plaintiff's assertion in Section 2-A of the List

According to the Supreme Court precedents (Supreme Court Decision 94Da3155 delivered on June 24, 1994), even if a housing lessee does not possess a leased house directly and indirectly and fails to transfer his/her resident registration, the lessee shall obtain opposing power against the third party when he/she subleases the leased house with the consent of the lessor and the lessee completes his/her resident registration with the delivery of the house. In light of this, this issue is against the purport of the above Supreme Court precedents, and thus, the contents that he/she obtains opposing power in the first answer are inconsistent with the purport of the above Supreme Court precedents, and thus, the answer to this issue should also be the answer.

(C) Determination

4. The question is whether the answer is a correct answer, since there is no dispute between the parties that the answer is a correct answer, it is limited to whether the answer becomes a correct answer, on the basis of the entries in Section B 11-1 and 3.

1) Relevant statutes

[Civil Act]

Article 629 (Restriction on Assignment of Right of Lease and Sub-lease)

(1) No lessee may transfer his/her right or sublease the leased object without consent of the lessor.

(2) If a lessee violates the provisions of the preceding paragraph, the lessor may terminate the contract.

[Housing Lease Protection Act]

Article 3 (Counterparty, etc.)

(1) Where no registration is made, lease shall take effect against the third party from the following day when the lessee completes the delivery of the house and the resident registration. In such cases, when the moving-in report is made, the resident registration shall be deemed made.

2) The sub-lease of a leased object is a contract under which the lessee allows a third party to use or make profits from the leased object. Unlike the transfer of the right of lease, the lessee does not lose the legal status of the lessee, and thus, the lease relationship between the lessor and the lessee exist at the same time between the lessee and the sub-lease relationship between the lessee. Therefore, in a case where the lessee of a house with opposing power under Article 3(1) of the Housing Lease Protection Act transfers or sub-leases the leased object lawfully with the lessor’s consent, if the transferee or the sub-lessee completes the moving-in report within the period of moving-in report under the Resident Registration Act from the date of moving-in registration under the Resident Registration Act and continues possession after completing the moving-in report within the period of moving-in registration under the Resident Registration Act, the opposing power of the right of lease under the original lease continues to exist without extinguishment (Supreme Court Decision 87Meu2509 Decided April 25, 198).

However, among the requirements for opposing power under Article 3 of the Housing Lease Protection Act, the "delivery of a house" can be acknowledged in cases where a lessee resides in a house and directly occupies it and indirectly occupies it through the means of other person's possession. However, in the case of a "transfer report", the tenant who does not actually reside in a house does not have the address or residence in the relevant house subject to resident registration. Therefore, the tenant's resident registration cannot be deemed as legally satisfying the requirements for opposing power. Ultimately, only in cases where a direct occupant of a house who actually resides in a house has completed his/her resident registration based on the relationship between the tenant and the occupation and occupation, the tenant's lease can legally acquire the opposing power against the third party (Supreme Court Decision 2000Da55645 Decided January 19, 201). The time when the opposing power arises becomes effective against the third party as provided in Article 3 (1) of the Housing Lease Protection Act.

As such, it is difficult to determine the opposing power of the right of lease under the Housing Lease Protection Act and the ex post facto relationship in a case where a third party's registration has been made on the same day (Supreme Court Decision 97Da22393 delivered on December 12, 197). Therefore, in the Supreme Court decision pointing out by the above plaintiffs, "if a lessee has completed his resident registration with the delivery of a house, the lessee shall acquire the opposing power against the third party" means that the lessee can acquire the opposing power against the third party in a case where the lessee transfers the house with only indirect possession without the transfer of resident registration with the consent of the lessor, and the time when the opposing power has actually been completed shall be deemed the following day.

Thus, the answer in this issue is the question of whether or not a lessee who has entered into a sub-lease contract acquires opposing power and whether or not it comes into force until the time of the effect of the sub-lease contract.

(D) Sub-committee

Therefore, the above plaintiffs' assertion that this issue is a correct answer is without merit, since the correct answer to this issue is only a answer to this issue.

(5) No. A-type 60 of the Civil and Special Civil Law (B-type 63)

(A) The issue and the defendant's answer

B (B) B (B) who illegally occupies and possesses a house from the ticket owner A (A) included in the main sentence of this Article, illegally detects B (B) and occupies the house at present. Of the following instructions, B (B) shall have the right to claim the return of the object of possession against C (A). (2) A (A) shall have the right to claim the return of the object of possession against C (A). (3) A (A) shall not have the right to claim the return of the object of possession against C (A). (4) B (B) may not exercise the right to claim the return of the object of possession against C (A) after the lapse of one year from the deprivation of possession by C (A).

Defendant’s Answer: 3

(B) The plaintiffs' assertion in Section 2-B of Annex 3. List

The theory of Korea recognizes the establishment of a claim infringement by a third party as a substitute, but the view that the legal nature of the right of lease is not a real right but a right in the process of gradually becoming a real right is common view. In particular, the house lease is a right adjacent to a real right under the Housing Lease Protection Act.

In addition, there is a conflict between the view that recognizes the right to claim the exclusion of interference based on the right to lease and the view that denies it, but even according to some opinion, the right to claim the exclusion of interference based on the right to lease itself, which is equipped with the method of public notice, and the Supreme Court recognizes the right to claim the exclusion of interference based on the right to lease if the registered right may be infringed by a third party, and the right to claim the exclusion of interference based on the right to lease is violated by the third party, while the lessee permits the right to claim the exclusion of interference based on the right to lease, while the opposing power of the right to lease which has completed the delivery and resident registration of the registered house is strong.

However, in this issue, unless there are special circumstances, if the lessee resides in the leased house by the lessor, the lessee would make a moving-in report in the name of the lessee himself/herself or his/her family living together with the leased house at the leased house's domicile. Therefore, if the above issue is confirmed, the lessee Eul should be the premise that the lessee Eul was registered as the lessee's domicile at the leased

Therefore, it is reasonable to interpret Byung as having the right to claim the exclusion of disturbance based on the right of lease, since Eul can be said to have satisfied the requirements for setting up against the resident registration even though Eul did not make a registration on his own right of lease, it is reasonable to interpret Byung as having the right to claim the exclusion of disturbance based on the right of lease.

(C) Determination

Since there is no dispute between the parties as to the fact that this issue's answer is correct as the content of this question's answer, it is limited to whether the answer becomes correct as it is the content of this answer, on the basis of Eul 28-1 and 2, 29-1 and 3, 30-1 and 4.

1) Relevant statutes

[Civil Act]

Article 204 (Recovery of Possession)

(1) If an possessor is deprived of his/her possession, he/she may claim the return of the article and compensation for damages.

(2) The right to claim under the preceding paragraph shall not be exercised against a special successor of the deprived person: Provided, That this shall not apply where the successor has acted in bad faith.

(3) The right to claim under paragraph (1) shall be exercised within one year from the date on which the person is deprived of his/her claim.

Article 207 (Protection of Indirect Possessor)

(1) The right of demand under the preceding three Articles may also be exercised by indirect possessors under the provisions of Article 194.

(2) If a possessor is deprived of his possession, the indirect possessor may demand the return of the article in question to the possessor, and if the possessor cannot, or does not want, demand the return of the article in question.

Article 621 (Registration of Lease)

(1) Unless otherwise agreed by the parties, a lessee of real estate may request the lessor to cooperate in the procedure for registration of the lease.

(2) When real estate lease is registered, it shall take effect against a third party from that time.

Article 622 (Counterparty of Ownership in Registration of Building)

(1) Even if the land lease the object of which is to own a building has not been registered, it shall take effect against the third party when the lessee has registered the ground building.

(2) If a building is destroyed, lost, or removed before the expiration of the term of lease, the preceding paragraph shall lose its validity.

[Housing Lease Protection Act]

Article 3 (Counterparty, etc.)

(1) Even if no registration is made, lease shall take effect against the third party from the following day when the lessee completes the delivery of the house and the resident registration. In such cases, the resident registration shall be deemed made at the time of the moving-in report.

[Commercial Building Lease Protection Act]

Article 3 (Counterparty, etc.)

(1) Even if there is no registration, the lease shall take effect against the third party from the following day when the lessee files an application for the delivery of a building and the registration of business under Article 5 of the Value-Added Tax Act, Article 168 of the Income Tax Act, or Article 111 of

2) In cases where a third party interferes with the creditor's exercise of rights, the creditor can claim the removal of the disturbance based on the claim as a real right is acknowledged in the real right, and the theory argues that the third party can claim the removal of the disturbance against the third party (Article 621(2), Article 622(1) of the Civil Act, Article 3 of the Housing Lease Protection Act, Article 3 of the Commercial Building Lease Protection Act, Article 3 of the Commercial Building Lease Protection Act).

However, even though the right to claim for the exclusion of disturbance can be granted to a third party, unless the tenant Eul is shown to have an opposing power in his/her name or in the name of his/her family living together with his/her family living together in this issue, it would be impossible to exercise the right to claim the exclusion of disturbance based on the right to lease against Eul on the premise that Eul's living together with his/her family living together with his/her family living together with his/her own name or at least a moving-in report in the name of his/her family

(D) Sub-committee

If so, the correct answer of this issue is clearly infinite three answers, so the above plaintiffs' assertion that the answer becomes a correct answer is without merit.

(6) Real Estate Brokerage Act and A-type (B-type 9) practice

(A) The issue and the defendant's answer

(2) When the Association establishes a branch or sub-branch, the branch or sub-branch or sub-branch or sub-branch shall report to the Mayor/Do Governor, and the registration authority, the sub-branch or sub-branch or sub-branch shall report it to the Association. (3) The pre-training affairs for brokers may be entrusted only to the Real Estate Brokerage Association. (5) The real estate transaction information network business may be designated only to the Real Estate Brokerage Association.

Defendant’s Answer: 3

(B) Attached 3-A of the list 3-A of the plaintiffs' assertion

According to the Membership Regulations of the Korean Licensed Real Estate Agents Association, only a person who has subscribed to a mutual aid association shall be a regular member and all members of the mutual aid association shall be a regular member. Under the Real Estate Brokerage Act and the Enforcement Decree of the Real Estate Brokerage Act, the purpose of mutual aid business is to provide mutual aid among members of the Association, so only a member of the Association shall be allowed to join mutual aid business. The current Real Estate Brokerage Association permits non-member to join mutual aid business. Since the current Real Estate Brokerage Association is in violation of the law, it is clear that a certain portion of discount is given to the association members compared to non-member, it is in violation of the law.

In addition, the defendant dealt with the following facts on the premise that "the time of establishment" in this issue is "the time of establishment" in this issue under the premise that "the time of establishment" is "the time of establishment". However, "the time of establishment" is more meaningful and does not necessarily mean "the time of establishment" and it is not permitted to report at the same time when the association is established. Thus, in this issue, the defendant should recognize only the answer as the answer, and the answer and the answer and the answer and the answer in this case should be recognized as the answer together.

(C) Determination

The following points are considered as follows: ①, ④, ⑤ the content of the answer is the framework of both answers, and the parties concerned cannot be the correct answer. As such, there is no dispute between the parties concerned as to whether the answer cannot be the correct answer of the problem. ② In full view of the results of appraisal (the president of the Jin University Law School) and the results of appraisal (the president of the Jin University University Law School) ② The answer of the answer of this case is the correct one of the answer of this case.

1) Relevant statutes

[Real Estate Brokerage Act] (amended by Act No. 5957 of March 31, 1999)

Article 31 (Members)

(1) A broker shall be a member of the Association from the date when he/she has obtained permission under Article 4.

(2) A person who has become a member under paragraph (1) shall register with the Association within 15 days.

[Real Estate Brokerage Act] (amended by Act No. 5957 of March 31, 1999)

Article 19 (Liability for Damages)

(1) When a broker causes property damage to a transaction party by intention or negligence while performing brokerage, he/she shall be liable for the damage.

(2) When a broker causes property damage to a transaction party by providing his/her brokerage office as a place for brokerage of other persons, he/she shall be liable for the damage.

(3) A broker shall subscribe to guarantee insurance, mutual aid under Article 35-2, or deposit as prescribed by Presidential Decree, in order to guarantee liability for damages under paragraphs (1) and (2).

Article 30 (Establishment, etc. of Association)

(1) Brokers may establish the Real Estate Brokerage Association (hereinafter referred to as the "Association") in order to efficiently perform duties concerning the improvement of their quality, the maintenance of dignity, and the improvement and operation of systems for the brokerage business.

(4) The Association shall have its main office in Seoul Special Metropolitan City, and may have branches in the Special Metropolitan City, Metropolitan Cities, and Dos, and Sis, Guns, and Gus as prescribed by the articles of association.

Article 31 (Members) (hereinafter referred to as "Members")

Article 35-2 (Mutual-Aid Business)

(1) In order to guarantee the liability of brokers for damages as prescribed in Article 19 (1), the Association may carry on the mutual aid business as prescribed by the Minister of Construction and Transportation.

(2) The Association shall, when it intends to carry on the mutual aid business as prescribed in paragraph (1), establish the mutual aid regulations and obtain the approval thereof from the Minister of Construction and Transportation. The same shall apply to any revision

(3) The mutual aid provisions referred to in paragraph (2) shall include the matters necessary for the operation of mutual aid projects such as the scope of mutual aid, contents of mutual aid contracts, mutual aid fees, mutual aid fees, liability reserve for appropriating mutual aid funds

[Enforcement Decree of the Real Estate Brokerage Act]

Article 39 (Functions of Association) The Association shall carry out the duties falling under each of the following subparagraphs in order to achieve the objectives under Article 30 (1) of the Act:

6. Mutual-aid projects as provided in Article 35-2 of the Act, and in this case, mutual-aid projects shall aim at mutual-aid among members of non-profit projects;

Article 40 (Reporting Duties of Association)

(3) When the Association establishes its branch offices or sub-branches, it shall report its branch offices to Mayors/Do Governors, and its sub-branches to the registration authority.

【Membership Regulations of the Korea Licensed Real Estate Agent Association】

Article 2 (Definitions)

1. The term "regular member" means the representative of a brokerage corporation the licensed real estate agent or licensed real estate agent under Articles 5 (2) and 8 of the articles of incorporation of which is registered as the representative director, and who has subscribed to attendance and mutual aid at this time

【National Real Estate Brokerage Association Mutual Aid Regulations】 (No. 7, 2003 amended on January 7, 2003)

Article 3 (Mutual-Aid Business)

(2) Mutual aid projects shall be mutual aid between mutual aid contracts and nonprofit projects.

Article 6 (Scope of Persons Subject to Mutual Aid Agreement)

(1) The scope of the subjects of a mutual aid contract shall be those who have made a registration of establishment of real estate brokerage office pursuant to Article 4 of the Act: Provided, That in the case of a special corporation as referred to in Article 5 of the Decree, they may subscribe

2) First, with respect to this issue (2) as to this issue, in Article 40(3) of the Enforcement Decree of the Real Estate Brokerage Act, the term “when the Association has established a branch or sub-branch,” the branch or sub-branch must be reported to the Mayor/Do governor, and the sub-branch shall be deemed to have prescribed the duty to report ex post facto. However, in light of the fact that the term “when the branch or sub-branch is established” generally refers to an uncertain time during which the term “....... is established” is ordinarily an uncertain time during which the establishment of the Association’s branch or sub-branch is carried out, it shall be deemed to have prescribed the duty to report in advance. Therefore, it shall be deemed to have been erroneous.

In addition, it is clear that the meaning of “establishment” is not read to the meaning “establishment at the same time” as the plaintiffs’ assertion. Thus, this issue’s answer 2 cannot be seen as a suitable content even if there is room for somewhat ambiguous interpretation in the context of expression.

3) Next, since Article 31 of the Real Estate Brokerage Act was amended by Act No. 5957 on March 31, 1999 as to this issue (3) is deleted, and the membership of the National Real Estate Brokerage Association is changed to a discretionary membership system, the membership of the National Real Estate Brokerage Association is a discretionary matter. However, in the case of mutual aid, it is mandatory to enter into guarantee insurance or mutual aid to guarantee liability for damages under Article 19 of the Real Estate Brokerage Act, and thus, it is essential to enter into mutual aid.

The Korean Real Estate Brokerage Association shall establish a mutual aid provision when it carries out a mutual aid project under Article 35-2 of the Real Estate Brokerage Act and intends to carry out a mutual aid project. According to Article 6 of the Regulations on Mutual Aid Agreement of the Korean Real Estate Brokerage Association, the scope of a person subject to mutual aid agreement is the person who has registered the establishment of a real estate brokerage office under Article 4 of the Real Estate Brokerage Act. This is not only the association members but also the person who has registered the establishment of a real estate brokerage office under Article 4 of the Real Estate Brokerage Act can join the mutual aid association. Therefore, it is stipulated that a mutual aid project as a non-profit business under Article 39-6 of the Enforcement Decree of the Real Estate Brokerage Act aims to provide mutual aid among its members.

In addition, Article 2 of the Korean Licensed Real Estate Agents Association's Membership Regulations provides that a regular member shall be admitted to a membership and mutual aid association. However, if a member is admitted to a mutual aid association as argued by the above plaintiffs, an opener who is not a member shall not join a mutual aid association. This is contrary to the purport of Article 31 of the Korean Real Estate Agents Association's Membership Regulations, and the Korean Real Estate Agents Association and the Korean Real Estate Brokerage Association shall be regarded as a regular member if a mutual aid association is admitted to a mutual aid association for the purpose of expanding the base of the members, and in practice, a non-member shall be allowed to join the mutual aid association.

(D) Sub-committee

Thus, in this issue that the most correct thing is the correct one, (2) the answer is clearly correct rather than the answer. Therefore, the examinee must choose three answers according to the degree of setting up the questions. Therefore, the above plaintiffs' assertion that only the answer is correct or the answer is also correct.

(7) Real Estate Brokerage Act and A-type (B-type 39) practice

(A) The issue and the defendant's answer

본문내 포함된 표 다음 중 중개대상물이 아닌 것은 모두 몇개인가? ㉠ 어업재단 ㉡ 광업재단과 분리된 광업권 ㉢ 명인방법을 갖춘 수목집단 ㉣ 항공기에 대한 임차권 ㉤ 도로부지에 대한 임차권 ㉥ 1필의 토지 중 일부에 대한 지상권 ① 2개 ② 3개 ③ 4개 ④ 5개 ⑤ 6개

Defendant’s Answer: 3

(B) Attached 3-A of the list 3-A of the plaintiffs' assertion

Under Article 3 of the Real Estate Brokerage Act, there are "land, buildings and other fixtures on land, standing trees under the Standing Timber Act, mining foundations under the Mining Foundation Mortgage Act, and factory foundations under the Factory Mortgage Act". However, even if the objects falling under such legal brokerage objects can be private ownership, it should be possible to intervene in brokerage activities.

이 문제 지문 중 ㉠, ㉡, ㉣은 중개대상물이 아니고, ㉢, ㉥은 중개대상물에 해당함은 명백하고, ㉤이 중개대상물에 포함되는지 여부가 문제되는데, 국유재산인 도로부지에 대한 임대차계약이 가능하므로 그에 대한 임차권도 중개대상이 된다고 보아야 하고, 또한 ‘도로’가 아닌 도로‘부지’에 대한 임차권이 중개대상물인지를 묻고 그 도로에는 도로법상 도로라는 제한이 없는 이상 여기서의 도로는 사도까지 포함되는 것을 전제하고 있는 것이므로 이 문제에서 ③번 답항 보다는 ②번 답항이 정답이 되어야 한다.

(C) Determination

이 문제 지문 중 ㉠, ㉡, ㉣은 중개대상물이 아니고, ㉢, ㉥은 중개대상물에 해당한다는 사실은 당사자들 사이에 다툼이 없으므로, 을 19-1～4를 기초로(이에 반하는 갑 6-1～9는 배척) 위 지문 중 ㉤이 중개대상물에 포함되어 이 문제의 ②번 답항이 정답이 되는지 여부만을 본다.

1) Relevant statutes

[Real Estate Brokerage Act]

Article 3 (Scope of Objects of Brokerage) The objects of brokerage as prescribed by this Act shall be as follows:

1. Land:

2. Buildings and other fixtures on land;

3. Other property rights and things as prescribed by the Presidential Decree.

[Enforcement Decree of the Real Estate Brokerage Act]

Article 2 (Scope of Objects of Brokerage) The objects of brokerage as prescribed in subparagraph 3 of Article 3 of the Act shall be as follows:

1. Standing timber under the Standing Timber Act;

2. Mining foundations, pursuant to the Mining Foundation Mortgage Act; and

3. Factory foundations, pursuant to the Factory Mortgage Act.

[Road Act]

Article 2 (Definition of Roads)

(1) The term "road" in this Act means a road commonly used for general traffic, which is listed in Article 11.

Article 5 (Restriction on Private Rights)

(1) No private right may be exercised on lands, retaining walls, and other things constituting roads: Provided, That this shall not apply to the transfer of ownership or the settlement of mortgage.

Article 11 (Types of Roads) The kinds of roads shall be as follows:

1. General national highways; 3. Special Metropolitan City roads and Metropolitan City roads; 4. Si roads 5. Gun roads; 7. Gu roads;

[Private Road]

Article 2 (Definitions) For the purpose of this Act, the term “private roads” means roads which are not applicable mutatis mutandis under the provisions of Article 2 (1) of the Road Act, or those connected to such roads.

2) Article 5 of the Road Act provides that no private right may be exercised with respect to a site constituting a road except for transfer of ownership or creation of mortgage. This purport is to approve the premise that the site constituting a road is subject to private ownership, and to prohibit the exercise of private right other than transfer of ownership and creation of mortgage as part of a public restriction to the extent necessary to provide the site, etc. for public purposes. Therefore, it is impossible to establish a right of lease for a site constituting a road, and thus, it is not included in the object of brokerage.

However, in the case of private roads, the roads are not connected to the roads to which Article 2 (b) of the Road Act is applied mutatis mutandis under Article 2 of the Road Act, and are not related to the contents of the restriction on private rights under Article 5 of the Road Act. In addition, in light of the definition of roads and private roads, the site of the road is limited to the roads stipulated in the Road Act.

(D) Sub-committee

Therefore, the correct answer of this issue is limited to the three answer, so the above plaintiffs' assertion that the answer is the correct answer is without merit.

(8) A-type 59 of the Real Estate Publication Act (B-type 65)

(A) The issue and the defendant's answer

(2) In the event that there is a third party with an interest in the registration, a prior consent of the chief of the district court shall be attached thereto. (4) The purport of the amendment registration shall be notified to the applicant. (5) The purport of the amendment registration shall be notified to the applicant.

Defendant’s Answer: 4

(B) Attached 3. List 4 Plaintiff’s assertion

According to Article 72 (1) of the Registration of Real Estate Act, where there is an error or omission in the registration after the registration is completed, the registration officer shall make a registration of correction except where there is a third party who has an interest in the registration in the registration, and where there is an error or omission in the registration, the registration officer shall make a registration of correction. In addition to the registration of correction by application, in order to make a registration of correction ex officio, there should be no third party who has an interest in the registration.

If so, in addition to the answer of this issue, 3. The answer of this issue is the correct answer of this issue.

(C) Determination

4. The issue is whether the answer becomes a correct answer, as there is no dispute between the parties with regard to the fact that the answer becomes a correct answer, it is considered only as to whether the answer becomes a correct answer.

1) Relevant statutes

[Real Estate Registration]

Article 27 (Principles of Application)

(1) No registration shall be made unless there is an application by a party or a request by a public office, except as otherwise provided for in Acts.

Article 28 (Applicant for Registration) Registration shall be made by attending a registry and applying for it: Provided, That where a representative is an attorney-at-law or a certified judicial scrivener (including a law firm or certified judicial scrivener), an office clerk as prescribed by the Supreme Court Regulations may be present at a registry and apply for it.

Article 63 (Application for Registration of Change of Right) Where any third party who has an interest in registration with respect to the registration of change of right exists, such registration shall be made by means of additional entry only when a written consent thereof or a certified copy of a judgment against it is attached to the application.

Article 64 (Entry of Registration of Change of Right) When a registration of change of right has been made, matters to be registered prior to such change shall be crossed out with red lines.

Article 71 (Notice of Error or Omission) Where a registrar discovers errors or omissions in the registration after completing the registration, he/she shall, without delay, notify such purport to the person entitled to make a registration and the person liable for registration: Provided, That where there are at least two persons entitled to make a registration or the person liable for registration, he

Article 72 (Revision of Registration Ex Officio)

(1) Where a registrar finds that an error or omission in a registration is caused by the fault of a registrar, he/she shall correct it without delay: Provided, That this shall not apply where a third party has interests in the registration.

(2) Where a registrar registers correction under the main sentence of paragraph (1), he shall report it to the chief of the district court, and notify the person entitled to make a registration and the person obliged to make a registration thereof. In such cases, where there are two or more persons entitled to make a registration or

(3) In cases of the main sentence of paragraph (1), any notification provided for in Article 71 shall not be required.

The notification under Articles 71 and 72 shall be made to the creditor in the case of Article 52.

Article 74 (Idem) The provisions of Articles 63 and 64 shall apply mutatis mutandis to the case where the registration of part of registered matters is revised.

2) The term “registration of correction” means a registration that revises and supplements part of the content of an existing registration in order to ensure the consistency between the registration and the substantive relations, in order to correct any error or omission in the registration procedure from the beginning with respect to the indication of the registered real estate or the right thereof, where the registration is not originally inconsistent with the substantive relations. It is required that the existing registration and the subsequent registration are identical.

A registration of correction shall be divided into a registration of correction of real estate indication, a registration of correction of the indication of a registered titleholder, and a registration of correction of the right to real estate according to the cause of correction, and a registration of correction shall be made at the request of the relevant party in cases due to errors by the relevant party, such as an error in application due to the cause of correction, and where an error or error by the registration officer has occurred in the registration agency

According to Article 72(1) of the Registration of Real Estate Act, when a registrar discovers that there is an error or omission in a registration or omission by a registrar, he/she shall correct it without delay, but the same shall not apply to cases where there is a third party having an interest in the registration. The purport of the proviso is that even if there is an error or omission in a registration due to a mistake or omission by a registrar, if there is a third party having an interest in the registration, the registrar cannot make ex officio a registration of correction without delay, and it is difficult for the registrar to investigate whether there is a consent of a third party at his/her own discretion.

Meanwhile, Article 63 of the Registration of Real Estate Act provides that registration shall be made by additional entry only when a third party who has an interest in the registration of change of right exists in the registration under Article 74 of the Registration of Real Estate Act, with a written consent or a certified copy of the trial against it attached to the application. Thus, Article 63 of the Registration of Real Estate Act provides that registration shall be made by additional entry. Thus, a person entitled to registration may file an application for registration of correction with the registrar where there is an error or omission in registration due to an error or omission by the registrar, and if there is a third party having an interest in the registration, the person entitled

(D) Sub-committee

Thus, when the right to make a request for registration of correction within the meaning of urging an ex officio action, as mentioned above, is understood to be related to the case where the right to make a request for registration of correction of the meaning of urging the ex officio action as above, it may be viewed as a correct answer in accordance with the interpretation of the expression, other than the right to make a clear answer by observing the problem as a whole, and in case where there is a answer that can be viewed as being a simple answer, and where there is a answer that can be viewed as not a correct answer, the answer or unclear answer shall be interpreted as being given as being not a correct answer, and the answer shall be treated as being treated as not a correct answer. In light of the above, the above plaintiff's argument that the above answer becomes a correct answer along with the answer as well as the above answer is without merit.

(9) The real estate law No. 82 (87)

(A) The issue and the defendant's answer

(2) Where permission is to be granted, a contract without permission shall also become legally effective. (3) Where a contract contract is concluded without permission, etc., a charge for compelling execution may be imposed. (4) In a land transaction permission zone, permission shall also be granted in cases where the creation of superficies is required.

Defendant’s Answer: 4

(B) Attached 3-A. The plaintiffs' assertion in Attached 5-A of the list

A superficies contract may be a free contract. (4) Since there is no clear disclosure as to whether it is a paid contract or a free contract, it shall also be included in the case of establishing a superficies. However, even if the superficies is a cost contract or a free contract, it shall be permitted in the land transaction permission zone only without distinguishing whether it is a free contract. (4) The answer is the content of the land transaction permission zone. Accordingly, there is no correct answer.

(C) Determination

The question is as follows: ①, ②, ③, and ⑤ the content of the answer in question cannot be a correct answer, and there is no dispute between the parties as to whether the answer in question becomes a correct answer based on the results of appraisal and appraisal (the president of the Incheon National University and the president of the University) and ① the answer in question based on the results of appraisal and assessment (the president of the Incheon National University).

1) Relevant statutes

[Civil Act]

Article 279 (Contents of Superficies) A superficiary has the right to use the land of another person for the purpose of owning buildings, other structures, or trees on the land.

Article 618 (Definition of Lease)

A lease becomes effective when one of the parties has agreed to allow the other party to use an object and take profits therefrom, and the latter has agreed to pay rent for it.

[National Land Planning and Utilization Act]

Article 118 (Permission for Land Transaction Contracts)

(1) Parties intending to enter into a contract (including any reservation; hereinafter referred to as "land transaction contract") on the transfer or creation (limited to the case of transfer or creation in return for a consideration) of the ownership or superficies (including the ownership and the right aimed at acquiring the superficies) on land located within a permitted area shall jointly obtain permission from the head of Si/Gun/Gu, as prescribed by Presidential Decree. The same shall also apply to any modification to permitted matters.

2) Article 618 of the Civil Act provides that "a lease takes effect when one of the parties agrees to allow the other party to use or take profits from an object, and the other party agrees to pay rent for it, it becomes an element of a lease contract. Therefore, a lease contract shall be deemed a consideration contract. However, Article 279 of the Civil Act provides that "a superficies holder shall have the right to use the land in order to own a building or other structure or trees on the land of the other party." However, in the case of superficies, the payment of rent is not an element of a superficies contract, and thus, a superficies contract may be a free contract and may be a consideration contract.

In the context of Article 118(1) of the National Land Planning and Utilization Act, “only where a superficies contract is transferred or created at a price in return for a consideration” shall be deemed to have been clearly stated that a superficies contract may be a free contract, on the premise that the contract can be a free contract.

However, this issue (4) is likely to be a framework in the event that superficies is created without limiting whether it is a paid contract or a gratuitous contract without limiting it to whether it is a superficies contract. However, in a situation where all other answers can not be a correct answer, the expression “do” which is not permitted in this issue is in mind the same as the permitted contract. (2) The expression “Do” in this issue is in mind the same as the permitted contract. (4) The expression “Do” in this answer can be deemed to have been in mind the meaning of “transfer” of superficies or the case for the establishment of ownership. Thus, rather than considering the degree of preparation of a problem in whole, it cannot be said that there is no question in light of the fact that there is only one question, considering the fact that there is only one correct answer among several answers, the question cannot be said to be the question in light of the fact that there is no question in this answer.

(D) Sub-committee

Therefore, the above plaintiffs' assertion is without merit, since this issue becomes a correct answer 4.

(10) No. A-type 91 of the Real Estate Law (B-type 91)

(A) The issue and the defendant's answer

(2) Residents may propose the formulation of an urban management plan, and shall notify the proposer of whether the contents of such proposal are reflected within 60 days. (3) In urban management planning, the urban management planning shall be formulated differentiated in consideration of regional conditions, taking into account the details presented in metropolitan planning, basic urban planning, etc. (4) The urban management planning shall be formulated in consideration of the relationship with the development project and the trend of urban development. (5) The designation and alteration of Class 2 district unit planning zone of not less than 1 m2 m2 m2 m2 m2 shall be determined by the Minister of Construction and Transportation.

Defendant’s Answer: 1

(B) Attached 3. The plaintiffs' assertion in Section 5-B of the List

In light of Article 28 of the Framework Act on Environmental Policy, “environmental review” that should be included in the basic survey for the formulation of urban management planning under Article 27 of the National Land Planning and Utilization Act can be seen as “environmental impact assessment and consent,” and thus, the above answer clause cannot be seen as correct.

(1) Although Article 19(1) of the Enforcement Decree of the National Land Planning and Utilization Act provides that the standards for formulating an urban management plan shall consider the relationship with the “individual business plan” in relation to the standards for formulating an urban management plan, the answer clause is described as the “development project” under the above provision, and thus, the answer clause should also be the answer.

In addition, according to Article 26 of the National Land Planning and Utilization Act, the plan in which a resident may propose the formulation is limited to the plan for the installation, maintenance, or improvement of infrastructure and for the designation or alteration of a district unit planning zone and the district unit planning.

(C) Determination

(3) The facts of this issue are as follows: (5) The fact that the answer is correct is not a dispute between the parties, and therefore, it is examined whether the answer becomes a correct one of the items of the answer, 1, 2, 4, and 5, 23-1 through 6, 24-6, and 24-6, based on the results of appraisal (the president of the Incheon National University Law School).

1) Relevant statutes

[National Land Planning and Utilization Act]

Article 2 (Definitions) The definitions of terms used in this Act shall be as follows:

4. The term "urban management planning" means the following plans concerning land use, transportation, environment, landscape, safety, industry, information and communications, health, welfare, security, culture, etc., which are formulated for the development, maintenance and preservation of the Special Metropolitan City, a Metropolitan City, a Si, or a Gun:

(a) A plan for designation or alteration of a special-purpose area or special-purpose district;

(b) A plan for designation or alteration of development restriction zones, urbanization-coordination zones, and fishery resources protection zones;

(c) A plan for the installation, maintenance, or improvement of infrastructure;

(d) Plans for the urban development project or redevelopment project;

(e) Plans for designation or alteration of a district unit planning zone and district unit planning;

Article 26 (Proposal for Formulating Urban Management Planning)

(1) Residents (including interested persons; hereinafter the same shall apply) may propose any authority to draft the urban management planning under the provisions of Article 24 to draft such planning for the matters falling under each of the following subparagraphs. In this case, any written proposal shall be accompanied by the document of urban management planning and the specification of planning:

1. Matters concerning the installation, maintenance, or improvement of infrastructure;

2. Matters concerning the designation and alteration of district unit planning zones, and formulation and alteration of district unit planning;

Article 27 (Basic Survey, etc. for Drafting Urban Management Planning)

(2) The Minister of Construction and Transportation, the Mayor/Do Governor, or the head of a Si/Gun shall include an environmental review on the environmental impacts, etc. of urban management planning on the details of a basic survey under paragraph (1).

(3) The Minister of Construction and Transportation, a Mayor/Do Governor, or the head of a Si/Gun shall include an assessment of land aptitude, such as soil, location, possibility of utilization, etc. of land conducted under the conditions as prescribed by the Minister of Construction and Transportation.

[Enforcement Decree of the National Land Planning and Utilization Act]

Article 19 (Formulation Standard for Urban Management Planning) Where the Minister of Construction and Transportation determines the formulation standard for the urban management planning under Article 25 (4) of the Act, he shall consider comprehensively the following matters:

1. To accept the details presented in a metropolitan plan, basic urban plan, etc. and to formulate it in consideration of the relationship with individual project plans and trends of urban development;

[Framework Act on Environmental Policy]

Article 28 (Environmental Impact Assessment) When the State formulates and implements a plan for a project that has a significant impact on the environment, it shall conduct an environmental impact assessment to minimize the environmental impact due to the implementation of the project by evaluating and reviewing in advance the impact of the project on the environment.

【Impact on Assessment of Environment, Traffic, Disasters, etc.】

Article 4 (Projects, etc. Subject to Impact Assessment)

(1) Projects (hereinafter referred to as "project subject to impact assessment") shall be as follows: Provided, That in cases of impact assessment on population, it shall be limited to projects implemented in the Seoul Metropolitan area under subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act:

1. Urban development;

2. Formation of an industrial site and industrial complex;

3. Development of energy;

4. Construction of harbors;

5. Construction of roads;

6. Development of water resources;

7. Construction of railroads (including urban railroads);

8. Construction of an airport;

9. Utilization and development of rivers;

10. Reclamation and reclamation of public waters;

11. Development of tourist complexes;

12. Development of mountainous districts;

13. Development of specific areas;

14. Installation of sports facilities, waste disposal facilities, and other facilities prescribed by Presidential Decree;

15. Other projects having impact on the environment, traffic, disaster or population, which are prescribed by Presidential Decree.

(2) Notwithstanding the provisions of paragraph (1), the impact assessment shall not be conducted on the projects falling under any of the following subparagraphs:

1. Projects for an emergency countermeasures against disasters under Article 36 of the Countermeasures against Natural Disasters Act; and

2. Projects that the Minister of National Defense deems necessary to protect military secrets or to urgently carry out military operations and that he has consulted with the heads of relevant central administrative agencies;

(3) The scope of projects subject to evaluation by evaluation field shall be prescribed by Presidential Decree.

(4) The Special Metropolitan City, a Metropolitan City, or a Do (hereinafter referred to as "City/Do") may conduct an impact assessment on a project that does not fall under the scope of a project subject to the provisions of paragraph (3) within the extent prescribed by Ordinance of the relevant City/Do within the extent prescribed by Presidential Decree, in consideration of the regional specificity.

(5) Procedures for the assessment in cases where a City/Do conducts an impact assessment under paragraph (4) and other necessary matters shall be prescribed by municipal ordinance of the relevant City/Do.

2) Whether this issue constitutes a correct answer

Article 28 of the Framework Act on Environmental Policy provides that when formulating and implementing a plan for a project that has a significant impact on the environment, the State shall conduct an environmental impact assessment to minimize the environmental impact due to the implementation of the project by assessing and reviewing the impact of the project on the environment in advance, and the above "environmental impact assessment" refers to a specific system in that Article 5 of the Act on Assessment of Impacts of Works on Environment, Traffic, Disasters, Etc. is specifically provided for the projects.

However, Article 27(2) of the National Land Planning and Utilization Act only stipulates that the basic survey for the formulation of an urban management plan shall include an “environmental impact assessment” on the environment, and does not stipulate that an “environmental impact assessment” as a specific system should be implemented. Therefore, the aforementioned “environmental impact assessment” should be conducted when formulating and implementing a plan for a project that has a significant impact on the environment, rather than imposing an obligation to consider “environmental impact on the environment” in any way, as it imposes an obligation to impose an “environmental impact” when formulating and implementing a plan for a project that has a significant impact on the environment, and thus, this issue is based on ① the answer described as an “environmental impact assessment” as a specific system.

3) Whether this issue (2) is a correct answer

According to Article 26 of the National Land Planning and Utilization Act, residents may propose the formulation of an urban management plan with regard to matters concerning the installation, maintenance or improvement of infrastructure and the designation and alteration of district unit planning zones, and matters concerning the formulation and alteration of district unit planning. 2) The answer clause merely explains the general contents that residents may propose the formulation of an urban management plan, and it cannot be read that residents can propose the formulation of an urban management plan, unless there is any specific 'all' fishing gear. Thus, it cannot be said that the content thereof is correct.

4) Whether this issue constitutes a correct answer

Article 19 subparag. 1 of the Enforcement Decree of the National Land Planning and Utilization Act provides that an urban management plan shall be formulated in consideration of the relationship with the “individual project plan” in establishing the urban management plan.

However, in light of the fact that the basic urban planning is a plan that serves as a guideline for the formulation of an urban management planning as a comprehensive plan, and that the urban management planning plays a role of embodying the relationship with various development projects that are included in or related to the planning zone, according to Article 5 subparagraph 4 of the National Land Planning and Utilization Act, the urban management plan is stipulated as a plan that is formulated for the development, maintenance, and preservation of the Special Metropolitan City, Metropolitan City, Si, Si, or Gun, and as such, the individual project plan under Article 19 subparagraph 1 of the Enforcement Decree of the National Land Planning and Utilization Act can be deemed as an individual development project plan.

(D) Sub-committee

If so, rather than the answer 4. The answer ... is the content of the answer ... Thus, the applicant is required to choose a answer 1. The answer .... according to the degree of preparing the answer ... As long as there is no difficulty in understanding the degree of preparing the answer ... Thus, the mere fact that the expression of some other answer . is somewhat ambiguous or unclear cannot be viewed as any unlawful or unjust reason in the preparation or marking.

(11) No. A-type 92 of the Real Estate Law (B-type 89)

(A) The issue and the defendant's answer

1. Designation of a disaster management district;

Defendant’s Answer: 1

(B) Attached 3-A of the list No. 1-A of the plaintiffs

“Rules” refers to “a fixed rule of a certain day, which is prescribed or set as a provision of an Act or subordinate statute or its prescribed rule,” and fingerprints referred to in the above issue refers to “any matter prescribed or set as a provision of an Act or subordinate statute,” and although the National Land Planning and Utilization Act includes the provisions “restricted acts within a development-restricted area”, the National Land Planning and Utilization Act does not stipulate “restricted acts within a development-restricted area” in the National Land Planning and Utilization Act as it does not stipulate “restricted acts within a development-restricted area” in the National Land Planning and Utilization Act.

The Act on Special Measures for Designation and Management of Areas within Development Restriction Zones does not have any provision at all on the National Land Planning and Utilization Act, and its contents are stipulated in the Act on Special Measures for Designation and Management of Areas within Development Restriction Zones. Thus, in addition to the above-mentioned questions, 5 answers should also be made.

(C) Determination

There is no dispute between the parties as to the fact that the answer becomes a correct answer, and therefore, we examine only whether the answer becomes a correct answer, based on Gap 5, Eul 24-1 and 5.

1) Relevant statutes

[National Land Planning and Utilization Act]

Article 80 (Restriction on Acts within Development Restriction Zones) Restrictions on acts within Development Restriction Zones and other matters necessary for managing Development Restriction Zones shall be separately determined by Acts.

[Special Measures for Designation and Management of Restricted Areas of Development]

【Restriction on Acts within Development Restriction Zones】

(1) Any person who intends to perform an act falling under any of the following subparagraphs shall be prohibited from constructing a building in violation of the purpose of designation, altering the purpose of use, installing a structure, changing the form and quality of land, cutting down bamboo and trees, dividing land, piling up articles, or implementing an urban planning project under subparagraph 11 of Article 2 of the National Land Planning and Utilization Act (hereinafter referred to as the "urban planning project"): Provided, That any person who intends to perform an act falling under any of

1. Construction of buildings or installation of installations which fall under any of the following items and are prescribed by the Presidential Decree, and the resulting alteration of the form and quality of lands:

(a) Public facilities, such as roads, railroads, water supply and sewerage systems;

(b) Structures and installations used for the business of agriculture, forestry and fisheries, such as cattle sheds and warehouses;

(c) Housing and neighborhood living facilities;

(d) Facilities used jointly by residents in a development restriction zone, such as farming roads, banks, and village halls;

(e) Outdoor sports facilities;

(f) Facilities for leisure of urban citizens, such as recreational forests and arboretums;

(g) National defense and military facilities;

(h) Public interest facilities, including schools, waste disposal facilities, and electricity supply facilities;

2. Buildings in development-restricted areas, which are relocated to village districts designated under Article 14;

3. Creation of complexes for relocation and construction of structures removed due to the execution of public works under Article 4 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (limited to the public works executed within development restriction zones);

4. Alteration of the form and quality of land for the purpose of farming or other reasons prescribed by the Presidential Decree that does not result in construction of any building;

5. Felling of bamboo and trees in excess of the size as determined by the Presidential Decree;

6. Dividing land within the scope prescribed by the Presidential Decree; and

7. Piling up articles prescribed by Presidential Decree, such as sand, gravel, earth and rocks, etc. for a period prescribed by Presidential Decree.

8. An act of altering the purpose of use of buildings as determined by the Presidential Decree from among buildings under subparagraph 1 or Article 12 for the purposes as determined by the Presidential Decree such as neighborhood living facilities.

(2) Notwithstanding the provisions of paragraph (1), minor acts prescribed by Presidential Decree, such as substantial repair of housing and neighborhood living facilities, may be performed after reporting to the head of a Si/Gun/Gu.

2) Chapter 6 of the National Land Planning and Utilization Act (Articles 76 through 83) provides for the restriction on activities in special-purpose areas, special-purpose districts and zones for use, and most of the details of each provision are governed by the Enforcement Decree, the Enforcement Decree, the Enforcement Rule, and other Acts. In particular, Article 80 delegates the restriction on activities in development restriction zones to other Acts, and the reason for the delegation on the delegation is that the delegation is prescribed by other Acts, and the reason for the delegation on the delegation is to enable efficient amendment and reorganization of all regulations that are highly likely to infringe on the people's happiness and property rights by delegation to subordinate Acts or other Acts in the state where they are left in the law, and to ensure the systematic management of the national land in very complicatedly complicatedly complicated, not the one under the delegated laws by prescribing the relevant provisions in the mother Act to be operated within a single legal system.

Therefore, Article 80 of the National Land Planning and Utilization Act is a provision on delegation, and Article 11 of the Act on Special Measures for Designation and Management of Areas of Restricted Development is a provision on delegation. Furthermore, this problem is related to the National Land Planning and Utilization Act and the Act on Special Measures for Designation and Management of Areas of Restricted Development, which are related to the National Land Planning and Utilization Act and the Act on Special Measures for Designation of Areas of Restricted Development and the Act on Special Measures for Management of Areas of Restricted Development, and as it is stated in its purpose, many delegation provisions under the National Land Planning and Utilization Act are delegated provisions under the Act on Special Measures for Designation and Management of Areas

(D) Sub-committee

If so, the answer of this issue is appropriate, and the answer of this issue cannot be a correct answer, and ① the answer of this case shall be a correct answer of this case, so the answer of this case shall be a clear answer of this case, ⑤ The above plaintiffs' assertion that the answer of this case shall be a correct answer is without merit.

(12) Type A of Real Estate Law No. 100 (B No. 100)

(A) The issue and the defendant's answer

1,000 square meters in the head of the Gu, and the floor area ratio is 240%, and if the building-to-land ratio is 40%, the maximum number of floors may be 1,00 square meters in the head of the Gu.

Defendant’s Answer: 4

(B) The plaintiffs' assertion in attached Form 5-D of Attached Table 3

In this issue, since the building-to-land ratio is 40%, the building area is 400 square meters (i.e., 1,000 square meters x 0.4), and the floor area ratio is 240%, the total building area is 2,400 square meters (i.e., 1,000 square meters x 2.4). Thus, if it is assumed that the floor area of each floor is the same, the maximum number of floors that can be constructed in the above issue is 6 stories (=2,40

However, in the above problem, the "minimum number of floors" that can be constructed under the above conditions without assuming that the floor area of each floor is identical to that of each floor. Thus, in a case where the floor area of each floor is constructed from the second floor to the area of not more than 400 square meters within the scope not violating the relevant laws and regulations, it is possible to construct a building with the number of floors exceeding six floors. Since the above issue is exceeding six floors and the 7th floor can be the largest number of floors among the above answers, it is necessary to answer the answer.

(C) Determination

4. We examine only whether the answer becomes a correct answer, as there is no dispute between the parties regarding the fact that the answer becomes a correct answer. Thus, we examine only whether the answer becomes a correct answer.

1) Relevant statutes

[Building Act]

The maximum limit on the ratio (hereinafter referred to as the “building coverage”) of the building area (where not less than two buildings exist in a site, it refers to the sum of the building areas thereof) to the site area of Article 47 (Building Coverage) shall be in accordance with the standards for building coverage as set forth in Article 77 of the National Land Planning and Utilization Act: Provided, That where this Act prescribes that relaxed or strengthened standards should be applied, such standards shall govern.

The maximum limit on the ratio of the total floor area (referring to the sum of total floor areas, in cases where there are two or more buildings in a site) to the area of a site (hereinafter referred to as the “floor area ratio”) shall conform to the standards for the floor area ratio under Article 78 of the National Land Planning and Utilization Act: Provided, That if this Act prescribes that such standards shall be relaxed or strengthened, it shall govern.

Article 73 (Calculation of Area, Height, and Number of Floors) The area of the site, total floor area, floor area, height, eaves, eaves, ceiling, floor area, and number of floors of a building shall be prescribed by Presidential Decree.

[Methods of Calculation of Floor Area Ratio and Building-to-Land Ratio]

Number of floors = Total floor area (calculated as floor area ratio) / Building area (calculated as building-to-land ratio)

2) The intent of the questions questions very basic relationship between the floor area ratio, building-to-land ratio, and number of floors to determine whether to understand the basic knowledge.

Therefore, in the absence of the premise that the floor area of each floor is the same as that of each floor as claimed by the above plaintiffs, construction works are usually built in the same way as the floor area, even though there is no special restriction on the construction of upper floor in the site, in the absence of such a restriction, in the case of a multiple-choice test, the expression in part is somewhat unclear or a complex academic system can be recognized as one of the set-up technology, in view of the fact that it can be recognized as a subject-matter of the set-up technology, unless any condition is provided as to the restriction on the private-choice test in this issue.

(D) Sub-committee

If so, the correct answer of this issue is limited to the answer, and the answer can not be a correct answer. Therefore, the above plaintiffs' assertion is without merit.

(13) Type A of Real Estate Law No. 104 (B No. 103)

(A) The issue and the defendant's answer

(2) The head of a Si/Gun/Gu may request a Mayor/Do Governor to designate an urban development zone after consultation with the Si/Gun/Gu urban development committee. (3) Where a person who designates an urban development zone has designated an urban development zone, he/she may modify a development plan at the request of the head of the relevant central administrative agency or the head of a Si/Gun/Gu.

Defendant’s Answer: 5

(B) The plaintiffs' assertion in attached Form 3. 5-e of the list

Article 4(1) of the Urban Development Act, in principle, "the development plan must be formulated before the designation of a development zone" if it is intended to designate a development zone: Provided, That where it is intended to exceptionally designate a development zone, "the development plan can be formulated after the designation of a development zone in a specific region", and the proviso of the same Act is amended on December 30, 2002, and the purpose of the amendment is to promote planned and systematic urban development first of all when urban development is conducted.

Therefore, the urban development project plan is established before the designation of the development zone in principle, and the third answer of this issue is described to be able to establish the urban development project plan after the designation of the development zone, and therefore, the third answer of this issue should be made together with the answer of this issue.

(C) Determination

There is no dispute between the parties as to the fact that the answer becomes a correct answer, and therefore, it is considered whether the answer becomes a correct answer.

1) Relevant statutes

[Urban Development Act]

Article 4 (Formulation and Alteration of Development Plans)

(1) Any person who designates an urban development zone under Article 3 (hereinafter referred to as a "rightholder") shall, when he intends to designate an urban development zone, establish a plan for an urban development project for such urban development zone (hereinafter referred to as a "development plan"): Provided, That when he designates an urban development zone in an area prescribed by Presidential Decree, a development plan may be formulated after the designation of an

(3) If a designating authority formulates a development plan to implement an urban development project using the replotting method, it shall obtain consent of at least 2/3 of the size of land in the area to which the replotting method applies and of at least 1/2 of the total number of landowners in such area. The same shall also apply where it is intended to modify a development plan (excluding modifications of insignificant

2) In this issue, (3) The main sentence of Article 4(1) of the Urban Development Act is based on Article 4(1) of the Urban Development Act, and the proviso stipulates that when designating an urban development zone, a development plan may be established after the designation of an urban development zone. In principle, an urban development project plan may be formulated, but a development plan for a certain area may be established after the designation of an urban development zone. Therefore, it is difficult to conclude that the answer clause is correct in accordance with the proviso of Article 4(1) of the Urban Development Act.

(D) Sub-committee

If so, considering that the correct answer of this issue is only one, in addition to the answer that is clearly determined as a correct answer, if there is a answer that can be seen as being not a correct answer, it may be viewed as a correct answer, and if there is a answer that can be seen as not a correct answer, it shall be said that the examinee as an examinee must set up only one set of the several answers in accordance with the degree of setting questions, and therefore, it shall be deemed that there is no error in deeming the defendant as a correct answer and marking the plaintiffs' answer as a correct answer.

3. Conclusion

Therefore, all of the plaintiffs' claims are without merit, and the defendant's rejection disposition against the plaintiffs who fall short of the passing score is legitimate, and all of the plaintiffs' claims are without merit and it is so decided as per Disposition.

[Attachment]

Judges Lee Jung-young (Presiding Judge) (Presiding Justice)