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(영문) 전주지방법원 2018.01.11 2017구합418
업무정지처분취소
Text

1. The part concerning a request for revocation of a fine for negligence among the lawsuits in this case is dismissed.

2. On November 28, 2016, the Plaintiff was the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a licensed real estate agent who runs the real estate brokerage business under the trade name of the “C Licensed Real Estate Agent Office” in Article 138 of the Seongdong-gu Seoul Metropolitan City, Seo-gu, Seoul.

B. The Plaintiff: (a) arranged a sales contract on September 1, 2016 (hereinafter “instant sales contract”) with D to sell KRW 118,00,000 for the purchase price of KRW 177.67 square meters for the Jin-gu Seoul Special Metropolitan City F179 square meters (hereinafter “instant land”); (b) signed and sealed as a broker in the sales contract (Evidence A).

C. On October 19, 2016, E submitted a written petition demanding disposition against the Defendant on the grounds that the Plaintiff did not explain that the instant land was dead, a certified copy of the land register, land cadastre, and land use certificate was not issued, the land size was not stated in the contract, and that a licensed real estate agent’s signature and seal was omitted in the confirmation and explanatory note of the object of brokerage and thus violated the Licensed Real Estate Agent Act.

On November 15, 2016, the Defendant issued a prior notice to the Plaintiff that: (a) the Plaintiff did not appropriately prepare and deliver a contract document in violation of Article 26(1) of the Licensed Real Estate Agents Act and thus constitutes three months of business suspension; (b) the Plaintiff did not sign and seal the confirmation and explanatory note of the object of brokerage in violation of Article 25(4) of the Licensed Real Estate Agents Act and thus falls under three months of business suspension; and (c) the Plaintiff did not faithfully and accurately confirm and explain the object of brokerage in violation of Article 25(1) of the Licensed Real Estate Agents Act, or present evidentiary materials for the explanation, and thus, the Defendant’s disposition of KRW 5 million should be imposed for six months of business suspension and fine for negligence pursuant to Article 39(1)7 and 8, and Article 51(2)1-2 of the Licensed Real Estate Agents Act.

E. On November 28, 2016, the Defendant does not deliver the contract document to the Plaintiff, ① does not deliver the proper contract document, ② does not sign and seal the confirmation and explanatory note of the object of brokerage.

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