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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Details of the disposition;
A. On December 24, 2009, the Plaintiff, as a licensed real estate agent, registered and operated the instant brokerage office (hereinafter “C Licensed Real Estate Agent Office”) of the trade name named “C Licensed Real Estate Agent Office” (hereinafter “instant brokerage office”).
B. On January 24, 2015, the Plaintiff arranged a lease agreement between F and G on D and E (hereinafter “instant lease agreement”) at the instant brokerage office.
C. On April 23, 2015, the Defendant’s public official visited the instant brokerage office (hereinafter “instant guidance and inspection”) and judged that the Plaintiff violated the Licensed Real Estate Agent Act, and on June 12, 2015, the Plaintiff issued a disposition of business suspension of 45 days (hereinafter “instant prior disposition”) pursuant to Article 39(1)7 of the Licensed Real Estate Agent Act on the ground that the signature and seal is omitted in the description of the object of brokerage regarding the instant lease agreement, on the grounds that the Plaintiff did not sign and seal the description of the object of brokerage (hereinafter “instant prior disposition”).
When the Plaintiff was found to have placed a real estate advertisement on the Internet portal site during the period of suspension of business, the Defendant issued a prior notice and following the submission of opinions on October 13, 2015, a disposition to revoke the establishment of a brokerage office pursuant to Article 38(1)7 of the Licensed Real Estate Agents Act (hereinafter “instant disposition”) on the ground that the Plaintiff rendered brokerage services during the period of suspension of business.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1, 3, 4, 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the Plaintiff advertised the object of brokerage on the Internet portal site cannot be deemed as having rendered brokerage services during the period of suspension of business because it does not constitute brokerage. Thus, the instant disposition is rendered.