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(영문) 서울서부지방법원 2014.05.15 2013고정1808
공인중개사의업무및부동산거래신고에관한법률위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that the Defendant obtained a real estate agent qualification certificate C with the qualification certificate number in 2005.

On April 9, 2012, the Defendant, who operated the E Licensed Real Estate Agent Office located in Eunpyeong-gu Seoul Metropolitan Government E Licensed Real Estate Agent Office, prepared a contract by mediating G to the complainant, and the former lessee H knew that it is impossible to demand the premium of the commercial building due to the termination of five-year maturity under the commercial lease contract. However, even though he knows that the former lessee’s termination of the contract due to the termination of five-year maturity, the Defendant did not intentionally notify the client G of the important matters that he is obliged to notify as a licensed real estate agent, and did not notify the client of such fact.

2. The premium claimed by the defendant and his defense counsel is not an object of brokerage prescribed by the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, and the defendant does not have an obligation to notify matters concerning the premium when concluding a commercial building lease agreement.

3. Article 33 subparagraph 4 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act provide that the broker, etc. shall not conduct any act of causing the client's judgement by false words or other means concerning important matters relating to the transaction of the object of brokerage. The important matters relating to the transaction shall be deemed to include not only matters concerning the object of brokerage itself but also matters concerning the price, etc. of the object of brokerage as important matters relating to transaction.

However, the payment of premiums, which is accompanied by the lease of a commercial building, does not constitute the contents of the lease contract, and the premium itself is regarded as the transfer of tangible and intangible property value, such as business facilities, fixtures, etc., or the transfer of tangible and intangible property value, such as business losses, due to the location of the store, or the cost for use for a certain period. Therefore, the premium contract is a premium contract.

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