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(영문) 제주지방법원 2018.05.25 2017가단10137
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from January 12, 2018 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On January 4, 2013, without registering the establishment of a brokerage office, the Defendant, without qualification as a licensed real estate agent, arranged a sales contract for selling ten parcels of land, including KRW 1,805 square meters of land E forest and field E in Jeju-si, Jeju-si, and KRW 751,915,500, and received KRW 50,000 from the Plaintiff as the brokerage commission.

B. Accordingly, on October 18, 2013, the Defendant was sentenced to a fine of KRW 10 million for a violation of the former Licensed Real Estate Agents’ Business Affairs and Report of Real Estate Transactions Act (amended by Act No. 12374, Jan. 28, 2014; hereinafter “former Licensed Real Estate Agent Act”) at the Jeju District Court on the ground that he/she operated the brokerage business without registering the establishment of a brokerage office, and the said judgment became final and conclusive around that time.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 3, the purport of the whole pleadings

2. Determination

(a) An act of receiving fees pursuant to a payment agreement of brokerage commission concluded while running a real estate brokerage business without registering the establishment of a real estate brokerage office in violation of the Acts and subordinate statutes related to the real estate brokerage business by an unqualified real estate agent is likely to undermine the fairness of the transaction order in real estate by promoting speculative and legal transactions

In addition, considering the fact that the real estate price of the real estate subject to the main regulation of the laws related to real estate brokerage is relatively high, a licensed real estate agent with expertise to mediate real estate transactions is prevented in advance from a real estate transaction accident, and in the case of an accident, it is strongly required to regulate the real estate transaction with a strong impact on the property interest of each citizen and the convenience of the people's lives, such as guaranteeing the compensation for damages

In full view of these circumstances, the establishment registration of a brokerage office is without qualification as a licensed real estate agent.

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