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(영문) 수원고등법원 2019.11.06 2019누11800
영업정지처분취소
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, as a licensed real estate agent, operates the building B and the D Licensed Real Estate Agent Office in the 1st floor C (hereinafter “Plaintiff’s office”).

Nonparty E is also a licensed real estate agent, and after completing employment report as a licensed real estate agent affiliated with the Plaintiff’s office on November 2017, Nonparty E worked at the Plaintiff’s office from that time.

B. On May 4, 2018, at the Plaintiff’s office, a lease agreement was made between the lessor and the lessee of the F apartment G (hereinafter “instant housing”) with H and the lessor as the lessor.

(hereinafter referred to as the “instant brokerage”) C.

On August 24, 2018, the Defendant, a licensed real estate agent affiliated with the Plaintiff’s office, did not sign and seal on the above lease agreement and the confirmation manual of the object of brokerage, and did not violate Articles 25(4) and 26(2) of the Licensed Real Estate Agent Act, thereby suspending the Plaintiff’s business for six months.

On December 3, 2018, the Gyeonggi-do Administrative Appeals Commission recognized the grounds for the above disposition of business suspension, but made an adjudication to change the disposition of six months of business suspension to three months of business suspension on the ground that the above disposition of business suspension was somewhat excessive compared to the above disposition of business suspension.

(hereinafter referred to as the "instant disposition"). (e) The disposition of business suspension for three months remaining after the previous disposition of business suspension is mitigated by the above judgment during the period of the first disposition of business suspension;

On December 18, 2018, the Defendant issued a notice to the Plaintiff, setting the period of suspension of business following the instant disposition from January 7, 2019 to April 6, 2019.

F. Upon filing the instant lawsuit, the Plaintiff applied for suspension of the execution of the instant disposition with Suwon District Court 2019A3000, and the said court decided on January 11, 2019 that the enforcement of the instant disposition shall be suspended until the judgment of Suwon District Court 2019Gudan6004 was rendered.

(g) July 5, 2019.

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