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(영문) 울산지방법원 2012.07.18 2011고정1792
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

B is a licensed real estate agent operating the D Licensed Real Estate Agent Office in Ulsan-gun, Ulsan-do, and Defendant A is a brokerage assistant of the D Licensed Real Estate Agent Office in the above D Licensed Real Estate Agent Office, and the defendants are married couple.

1. Defendant A

(a) No person shall render brokerage services using another person's name or trade name, or take over or borrow a registration certificate of a brokerage office from another person;

Nevertheless, around February 9, 2011, the Defendant, at the office of licensed real estate agents, arranged a real estate sales contract for No. 102 Dong-gun G building No. 1502, Ulsan-gun, Ulsan-gun, a seller and buyer F, and had completed the contract as if he/she was a B, the Defendant: (a) signed a rubber stamp of “D Licensed Real Estate Agent Office” in the column of the broker of the said real estate sales contract; (b) signed B’s name; and (c) carried out brokerage services using B’s name and the trade name of the D Licensed Real Estate Agent Office operated by B.

(b)the broker, etc. shall not conduct direct transactions with the client or act as an agent for both of the transaction parties;

Nevertheless, around April 5, 2011, the Defendant purchased 102 Dong-gun G Building 109,000,000 from the seller, the client, at the same place as above, the Defendant directly traded with the client by entering the name of H, the Defendant’s son, in the buyer column and preparing a real estate sales contract in H’s name.

2. He shall not allow another person to render brokerage services using his name or trade name, nor transfer or lend his brokerage office registration certificate to another person;

Nevertheless, the defendant's wife and the broker assistant of the D Licensed Real Estate Agent Office allow A to render brokerage services in the name of the defendant, and leave the defendant's seal imprint design to A, and A is required to do so.

At the same time and place as the above, the seller E and the buyer F.

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