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(영문) 의정부지방법원 고양지원 2019.08.29 2019고단1674
공인중개사법위반등
Text

Defendant

A For a violation of the Licensed Real Estate Agents Act, a fine of KRW 3,00,000, and a fine of KRW 2,000 for a violation of the Housing Act.

Reasons

Punishment of the crime

1. Defendant A

(a) A person who intends to engage in brokerage business of violating the Licensed Real Estate Agents Act shall register the establishment of a brokerage office with the head of a Si/Gun/Gu having jurisdiction over an area which intends to establish a brokerage office as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and no person who is not a licensed real

Since the defendant is not a licensed real estate agent, the defendant cannot apply for the registration of establishment of a brokerage office, and there is no fact that he has actually registered the establishment of the brokerage office to the

Nevertheless, on May 1, 2018, the Defendant mediated the resale agreement to resell the E-building F’s right to sell the E-building E in the Gyeonggi-si Office D office located in the Seocho-si Office, which was owned by B, to G and H, and received KRW 3 million from the above G as a brokerage commission.

Accordingly, the defendant carried on the brokerage business without registering the establishment of the brokerage office.

(b) Where a house subject to the upper price ceiling system and the status of being selected as an occupant of such house is a house constructed and supplied by a project undertaker violating the Housing Act or a status of being selected as an occupant of such house, the relevant house or status shall not be resold or mediated for resale before a period of one year elapses from the date on which a contract for supply is concluded for the first time after inviting occupants

In relation to the right to sell the E-building F at the time of strike owned by B, the right to sell the above apartment shall not be resold or arranged for resale from January 2018 to January 2019, which is the period of restriction on resale.

Nevertheless, on May 2018, the Defendant, as indicated in Paragraph 1, which was within the period of restriction on resale, arranged for the resale of the above apartment units to G and H, and received KRW 3 million from the above G as the commission fees.

2. The sales price ceiling shall be the housing constructed and supplied by Defendant B project undertaker or the status of being selected as an occupant of housing;

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