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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is a practicing licensed real estate agent who was established, registered, and operated “C Licensed Real Estate Agent Office” (hereinafter “instant brokerage office”) in Busan Metropolitan City B on October 22, 2008, and D is an affiliated real estate agent employed in the instant brokerage office from February 12, 2015.
B. On December 8, 2015, the Daegu Metropolitan City Mayor rendered a six-month disposition suspending qualification of licensed real estate agents (hereinafter “disposition suspending qualification”) pursuant to Articles 25(4), 26(2), and 36(1)4 and 5 of the Licensed Real Estate Agents Act on the ground that D had not signed and sealed the confirmation, description, and contract document of the object of brokerage as a broker of the real estate sales contract (hereinafter “instant sales contract”) around May 17, 2015.
C. On the other hand, on October 29, 2015, the Defendant rendered a disposition of suspension of business for three months pursuant to Articles 25(4), 26(2), 15(2), and 39(1)7 and 9 of the Licensed Real Estate Agents Act (hereinafter “instant disposition”) against the Plaintiff on the ground that the instant violation was committed against the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 5 through 12, 16, and 18, and the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion 1) The instant disposition against the Plaintiff was conducted prior to the suspension of qualification against D affiliated licensed real estate agents which are prior dispositions, and D currently is pending in a lawsuit seeking revocation of the said suspension of qualification. The instant disposition is null and void as a subsequent disposition based on the prior disposition which is not nonexistent or finalized. 2) The Defendant issued the instant disposition against D’s violation of Articles 25(4) and 26(2) of the Licensed Real Estate Agents Act even against the Plaintiff who is an employer pursuant to Article 15(2) of the same Act, but Article 15(2) of the Licensed Real Estate Agents Act is merely a provision on the liability of practicing licensed real estate agents for damages.