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(영문) 부산지방법원 2014.03.14 2013노4056
공인중개사의업무및부동산거래신고에관한법률위반
Text

The judgment of the court below is reversed.

Defendants are not guilty.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles on June 12, 2012, at the time of entering into a sales contract for the Busan Dongdong-gu G building and 1902 (hereinafter “instant real estate”) (hereinafter “instant sales contract”), Defendant A mediated the instant sale and purchase at the site, and Defendant B supported it. However, Defendant A cannot be said to have caused Defendant B to render brokerage services using his/her name or trade name or lent the registration certificate of the brokerage office. Thus, the judgment of the court below convicting the Defendants of the facts charged in the instant case is erroneous in misunderstanding of facts and misapprehension of legal principles.

B. Each sentence of the lower judgment on the Defendants of unreasonable sentencing (Defendant A: a fine of KRW 1,00,000, Defendant B: a fine of KRW 500,000) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. The summary of the facts charged is Defendant A’s operator of the real estate brokerage office called “E Licensed Real Estate Agent Office” and Defendant B is a person who works as an unreported assistant at the said real estate brokerage office.

A real estate broker is prohibited from allowing another person to render brokerage services using his/her name or trade name, and no person is allowed to render brokerage services using another person's name or trade name. On June 12, 2012, Defendant A provided brokerage services for the sale and purchase of the instant real estate at the above brokerage office and entered into a sales and purchase contract using the name of Defendant A and the trade name of the above authorized brokerage office. Defendant B provided brokerage services using the name of Defendant A and the trade name of the above authorized brokerage office.

B. The lower court determined that Defendant B introduced the instant apartment to F and explained the instant apartment to F, which is an object of brokerage, and that the instant sales contract was concluded on June 12, 2012.

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