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(영문) 창원지방법원 2016.08.16 2016구단101
영업정지처분취소
Text

1. The Defendant’s disposition of business suspension for three months that the Plaintiff rendered on February 24, 2016 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. The Plaintiff is a licensed real estate agent whose brokerage business is conducted after registering the establishment of a brokerage office under the trade name of “C Licensed Real Estate Agent Office” in Chang-si, Chang-gu, Changwon-si B 601 Dong 106.

On November 19, 2015, the Plaintiff mediated the lease between the lessor E and the lessee F (hereinafter “instant brokerage”) with respect to the second floor 202 of the multi-family house on the D ground of the Seocho-gu Seoul Special Metropolitan City, Changwon-si (hereinafter “instant real estate”).

On February 24, 2016, the Defendant imposed an administrative fine of KRW 5 million on the ground that the Plaintiff violated Article 25(1) of the Licensed Real Estate Agents Act by failing to verify and explain the relationship of rights, etc. of the object of brokerage in relation to the instant brokerage without verifying and explaining the relationship of rights, etc. of the object of brokerage, and imposed an administrative fine of KRW 5 million on the Plaintiff on the ground that he/she did not issue a confirmation and explanatory note of the object of brokerage

(hereinafter referred to as “instant disposition”) for three months of business suspension (hereinafter referred to as “instant disposition”). / [Grounds for recognition ] Entry of evidence No. 1, the purport of the entire pleadings

2. Whether the disposition is lawful;

A. Article 25(3) of the Licensed Real Estate Agents Act provides that when a practicing licensed real estate agent prepares a contract document after the mediation is completed, the transaction document shall be delivered to the transaction party with confirmation and explanatory note of the object of the mediation. Since the mediation of this case does not reach the completion of the mediation stipulated in Article 25(3) of the Licensed Real Estate Agents Act, it cannot be said that the obligation of the Plaintiff to issue confirmation and explanatory note of the object of the mediation of this case

Therefore, the instant disposition, which was taken differently, is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. The Plaintiff, while acting as the broker of the instant case on November 19, 2015, was acting as a broker in a way that the terms and conditions of the lease agreement were set forth by telephone call with the lessor as the lessor was unable to visit the said brokerage office.

The Plaintiff is from E at the time of the instant brokerage.

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