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(영문) 대전지방법원 2019.05.22 2018구합104633
업무정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the instant disposition

A. The Plaintiff is a licensed real estate agent of the D Licensed Real Estate Agent Office located in Section B of the Building in the Siljin-si.

B. On May 11, 2018, the Plaintiff: (a) arranged a sales contract for G land and its ground buildings (hereinafter “instant contract”); and (b) drafted a contract document by arranging a sales contract for G land and its ground buildings (hereinafter “instant contract”); the main contents are as follows.

1. In the place of indication of real estate: G-to- G-si land in Chungcheongnam-si: 400 square meters in a large scale: 72.27 square meters in a brick structure;

2. The terms of the contract for the purchase price: daily twenty million won (Won 150,00,000) (the special terms) - G = 400 square meters per Jin time - H=3 square meters per Jin time, and H=3 square meters per Jin time, and I = =17 square meters per Jin time, shall be a road share.

On June 21, 2018, the Defendant notified the Plaintiff of each of the dispositions that the Plaintiff would impose an administrative fine of KRW 4 million on the ground that the Plaintiff violated Article 26(1) of the Licensed Real Estate Agents Act (violation of preparation of a transaction contract) and the Plaintiff violated Article 25(1) of the Licensed Real Estate Agents Act on the same day.

On July 11, 2018, the Defendant issued a disposition to impose an administrative fine of KRW 4 million on the Plaintiff (hereinafter “instant disposition”) and issued a disposition to suspend business operations on July 13, 2018 (from July 21, 2018 to October 20, 2018) (hereinafter “instant disposition”).

The reason for the disposition of this case (disposition of March of the suspension of business): Article 25 (1) of the Licensed Real Estate Agents Act - Article 26 (1) of the Licensed Real Estate Agents Act that confirms and explain the object of brokerage - Article 39 (1) of the Licensed Real Estate Agents Act - Acts and subordinate statutes that violate the Acts and subordinate statutes on the basis of the preparation of transaction contract: Facts constituting the ground for the disposition of the administrative fine of this case under Article 39 (1) 8 of the Licensed Real Estate Agents Act: the Acts and subordinate statutes applicable to the confirmation and explanation of object of brokerage and the amount thereof: Violation of Article 25 (1)

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