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(영문) 의정부지방법원 2017.07.13 2016고정1512
공인중개사법위반
Text

The defendant shall be innocent.

Reasons

1. In the facts charged, the Defendant is an authorized intermediary for business opening operating the “E” as set forth in subparagraph 102 of the D Apartment Building Building Building 102 in South Yangyang-si.

No certified broker of the opening of a business shall make judgement on important matters relating to transaction of the relevant object of brokerage by false words or other means.

On October 27, 2015, the Defendant, at the above real estate brokerage office, arranged a lease agreement for an apartment house of 502 Dong 1002, Dong 1002 between the lessor F, a client, and the lessee G, which is a broker, and had arranged the above lease agreement for the apartment house between the lessor and the lessee I on September 1, 2015, which was around two months prior to the said apartment, without notifying the previous lessee I of the fact that the said apartment house was in possession of the said apartment house while demanding the return of the sum of the down payment and the remainder paid by the said lessee with the loan of the deposit for the lease money, and without notifying the fact that the said apartment was occupied in possession of the said apartment, the Defendant concluded the lease agreement, stating that there is no problem in the legal relationship of the said apartment, thereby making the said G judgment erroneous by false words or other means concerning important transaction matters.

2. Determination

A. The defendant and his/her defense counsel did not provide an explanation as to G as stated in the facts charged, on the ground that the defendant was requested by the lessor F to intermediate the lease contract of the apartment of this case and was not requested by the lessee G from the tenant.

It argues that Article 33 (4) of the Act cannot be applied even if it is applied to the authorized brokerage.

However, according to an authorized brokerage judicial system, the term "mediation" means "a mediation between the parties to the transaction" for the object of brokerage under Article 3, and arranging acts concerning the sale, exchange, lease, and other gain, loss, and transfer of rights (Article 2 subparagraph 1), and Article 25 (1) of the same Act provides that "a certified broker of the opening business is requested to act as a broker."

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