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Reasons
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(영문) 수원지방법원 성남지원 2017.06.28 2017고단835
공인중개사법위반
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Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who runs a real estate brokerage business under the trade name of Sungnam-gu C Officetel 3053, Sungnam-gu, Sungnam-si.

No certified brokerage agent for commencement of business shall receive any remuneration for brokerage of objects other than housing under any pretext, such as cases, donations, etc., in excess of the office remuneration rate prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

Nevertheless, the defendant

1. On April 3, 2015, the Plaintiff arranged a sales contract with the seller’s Co., Ltd., E and buyer’s amounting to KRW 33,00,50,000 at each of the market prices of 125,00,000,000, and KRW 3064,3065, and KRW 30,000,000, in excess of 3,712,50,000, which is the upper limit of legal fees, by receiving payment from the seller.

2. On April 22, 2015, an officetel market value of KRW 130,00,000 and KRW 3052,3053, and KRW 3066 of the market value of KRW 125,00,00 and KRW 125,00,000, and KRW 3052, 3053 and KRW 3066 of the market value was mediated by the seller E and buyer, and the seller received money and valuables from the seller in excess of KRW 23,10,000, a total of KRW 23,100,000, which is the upper limit of statutory fees.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Contracts exclusively for real estate consulting services;

1. A written contract for each of the real estate transactions in the attached Schedules;

1. A detailed statement of tables, letters posted, and entries and departure transactions;

1. Each written confirmation of F and G [the defendant and his defense counsel are the essential elements of the instant sales contract, since the right to possess and use the space behind the heading room of officetels is transferred, such right does not constitute a "act of brokerage" as defined in a certified brokerage judicial system.

The argument is asserted.

The provisions of the private law of brokerage shall be among the terms of the brokerage commission agreement that prevent the fees from being paid in excess of the fees under the conditions of the case donation and others.

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