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(영문) 청주지방법원 2017.04.27 2017구합58
과태료부과처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 17, 201, the Defendant sold KRW 101,205, 205, and KRW 158,000,00 to B of the Cheongju-si, an administrative fine was imposed on the Plaintiff pursuant to Article 51(4) of the former Licensed Real Estate Agents’ Business Affairs and Report of Real Estate Transactions Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Licensed Real Estate Agents Act”) on the ground that the Plaintiff violated Article 27(1) of the former Licensed Real Estate Agents’ Business Affairs and Report of Real Estate Transactions Act (amended by Act No. 11690, May 17, 2016; hereinafter “instant administrative fine”).

B. On January 4, 2017, the Plaintiff filed an objection against the instant disposition imposing the fine for negligence and rendered a decision to impose the Plaintiff an administrative fine of KRW 2,160,000 from the fixed procedure (Cheongju District Court 2016,602), and the instant case is pending in the appellate trial upon the Plaintiff’s appeal.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, 2-2, Eul evidence 1-1, the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. We examine ex officio the lawfulness of the instant lawsuit.

A. Articles 51(4) and 27(1) of the former Licensed Real Estate Agents Act provide that an administrative fine shall be imposed in cases where a party to a transaction who has entered into a contract for real estate transaction files a false report on real estate transaction, including the actual transaction price of real estate, and such act of imposing an administrative fine in violation of the former Licensed Real Estate Agents Act constitutes a violation of Article 2 subparag.

B. Meanwhile, Articles 20(1) and (2), 21(1), 25, 36(1), and 38(1) of the Act on the Regulation of Violations of Public Order may file an objection in writing with the relevant administrative agency within 60 days from the date on which the administrative agency is notified of the imposition of the administrative fine, and if an objection is filed, the administrative fine shall be imposed.

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