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(영문) 청주지방법원 2012.12.04 2012고정615
공인중개사의업무및부동산거래신고에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the defendant is running Creal estate broker office, and the broker shall not engage in direct transactions with the client or act as an agent for both parties to the transaction.

Nevertheless, around January 22, 2010, the Defendant entered into a sub-lease contract of KRW 30 million,000,000 and monthly rent of KRW 180,000,000,000 for the store located in Cheongju-si G (hereinafter “instant commercial building”) that had been leased on November 2, 2009 from F, the building owner, and for the building located in Cheongju-si (hereinafter “instant commercial building”).

Accordingly, the defendant made direct transactions with the client.

2. Articles 48 subparag. 3 and 33 subparag. 6 of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions (hereinafter “Act”) provide that a person who has made a direct transaction with a client shall be punished. Article 2 subparag. 1 of the Act provides that “mediation” refers to the mediation of transaction, exchange, lease, and other acts concerning acquisition, loss, and management between the transaction parties regarding the object of brokerage under Article 3. Thus, Article 3 subparag. 6 of the Act refers to the person who has requested the mediation of acts under Article 2(1). In order to apply this provision to a broker under Article 48 subparag. 3 of the Act, the broker is the person who has requested the mediation of acts under Article 2(1).

Therefore, the defendant appeared in the court of this case as a witness to find the commercial building of this case from the intersection at the time of the appearance, and stated that the defendant concluded a sub-lease contract with the defendant as to the commercial building of this case as stated in the facts charged, and the defendant requested brokerage from E.

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