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(영문) 서울행정법원 2017.10.26 2017구합66480
공인중개사등록취소처분취소
Text

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 licensed real estate agent who registered the establishment of a brokerage office to the Defendant, and from around 2005, around 106, the Plaintiff operated a mutual brokerage office of “C Licensed Real Estate Agent Office” (hereinafter “instant brokerage office”).

B. On October 4, 2016, the Defendant issued a disposition revoking the registration of the establishment of the instant brokerage office (hereinafter “instant disposition”) on April 28, 2017, on the ground that the Plaintiff violated Article 19 of the Licensed Real Estate Agents Act by having D, a brokerage assistant, using the Plaintiff’s name as a licensed real estate agent, to act as a broker for the conclusion of a sales contract for G apartment G 103 dong 804 between E and F, Seongbuk-gu Seoul.

C. On the other hand, the defendant received a summary order of KRW 1 million on the grounds of criminal facts that he/she allowed another person to render brokerage services using his/her name, and such summary order became final and conclusive as is.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, 7, 8, 10, Eul's 1 through 9, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering that the Plaintiff’s assertion D’s act of signing and sealing on the sales contract under the Plaintiff’s direction and supervision, the degree of violation is not significant, and that the Plaintiff is subject to criminal punishment of a fine of one million won, and that both the Plaintiff and D lose their occupation and experience economic difficulties, the instant disposition is beyond the scope of discretion or abuse of discretionary power.

(b) The details of the relevant statutes are as shown in the attached statutes.

B. According to Articles 19(1) and 38(1)6 of the Licensed Real Estate Agents Act, where a practicing licensed real estate agent causes another person to render brokerage services using his/her name, the registration authority must revoke the registration of establishment of a brokerage office of the relevant licensed real estate agent without fail.

Plaintiff

2.2

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