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(영문) 대전고등법원 2019.12.05 2019누11109
업무정지처분취소
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the parties' claims are examined by adding the evidence submitted to the court of first instance to the

Therefore, the reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, in addition to the dismissal of part of the reasoning of the judgment of the court of first instance as set forth in the following paragraph (2). Thus, it is accepted by Article 8(2) of the Administrative Litigation Act and the main sentence of

2. From the bottom of the third part to the bottom of the 6th part, "No. 3 No. 3" shall be added to the ground for recognition.

Part 5 attached to the following subparagraphs under Part 8:

Pursuant to Article 26(1) of the former Licensed Real Estate Agents Act and Article 22(1) of the Enforcement Decree of the same Act, a practicing licensed real estate agent is "1. Personal information of a transaction party when brokerage is completed;

2. Marking of the object:

3. The contract date;

4. Matters concerning the amount of transactions, the amount agreed upon, and payment date, etc.;

5. The date and time of delivery of the goods;

6. Details of the transfer of rights;

7. Terms and conditions or time limit of the contract, if any;

8. The date of confirmation and description of the object of brokerage;

9. A contract document stating “other terms and conditions of the contract shall be prepared and delivered to the parties to the transaction.” Article 39(1)8 of the former Licensed Real Estate Agents Act provides that where a contract document is not prepared and delivered in a proper manner in violation of the above provision, a practicing licensed real estate agent may be ordered to suspend his/her business. As such, the reason why the relevant Acts and subordinate statutes impose a practicing licensed real estate agent’s duty to prepare a contract document is to prevent legal disputes in advance which may arise between the parties to the transaction and to clarify the rights and obligations between the parties to the transaction

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