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(영문) 창원지방법원 2017.06.27 2016구단10757
업무정지처분취소
Text

1. The Defendant’s disposition of business suspension against the Plaintiff on September 12, 2016 shall be revoked.

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

3...

Reasons

1. The Plaintiff is running the brokerage business with the trade name of “C Real Estate Brokerage” in Kimhae-si B after registering the establishment of a brokerage office.

On September 12, 2016, the Defendant rendered a disposition for six months of business suspension (hereinafter “instant disposition”) to the Plaintiff pursuant to Article 39(1) of the Licensed Real Estate Agents Act (hereinafter “Act”) and Article 25(1) [Attachment 2] of the Enforcement Rule of the same Act on the grounds as follows.

① On November 17, 2015, the Plaintiff violated Article 25(3) of the Act by not mediating the lease of D Apartment 1, 1011 and 1301 and not preserving the confirmation and explanatory note of the object of brokerage (hereinafter “reasons for Disposition 1”). ② On July 25, 2015, the Plaintiff did not affix the seal on the sales contract prepared and delivered to the trading party while mediating the sale and purchase of the E-building 111, and did not affix the seal on the sales contract prepared and delivered to the trading party (hereinafter “reasons for Disposition 2”). ③ on August 29, 2015, the Plaintiff did not sign on the lease brokerage agreement of 111, which was prepared and delivered to the leased party, and signed on the brokerage agreement and explanatory note of the object of brokerage (hereinafter “reasons for Disposition 1”), and the Plaintiff did not employ and report the violation of Article 25(4) and 26(2) of the Act to the registration authority.

2. Whether the disposition is lawful;

A. In light of the fact that the grounds for the disposition of the Plaintiff’s assertion are not recognized, and that the disposition of the instant case was excessively harsh in light of the details and details of the Plaintiff’s violation, etc., the disposition of the instant case was unlawful as it deviates from and abused discretion

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

C. 1) Article 2 subparagraph 1 of the Act on the Grounds for Disposition No. 1 provides that "a broker shall be deemed to be a broker."

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