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(영문) 창원지방법원 2017.10.31 2017구합51349
영업정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On December 2, 2015, the Plaintiff is a corporation that registered the establishment of a real estate brokerage office against the Defendant pursuant to the Licensed Real Estate Agents Act.

B. On April 20, 2016, the representative B of the Plaintiff: (a) between the seller C Co., Ltd and the buyer D, Kimhae-si, and (b) between the seller, F and the buyer D, respectively, concluded a real estate sales contract for two parcels outside G land.

C. According to Articles 26(2) and 25(4) of the Licensed Real Estate Agents Act, a practicing licensed real estate agent shall prepare a contract document when the brokerage is completed with respect to the object of brokerage, and if a practicing licensed real estate agent is a juristic person, the representative shall sign and seal the contract document.

However, B prepared B’s representative director B in the column of each real estate sales contract, and affixed a seal on the side of the printed portion, and did not sign it.

On March 8, 2017, the Defendant rendered a disposition of business suspension for six months on the ground that B omitted the signature of a licensed real estate agent in the real estate sales contract prepared as above.

E. On March 23, 2017, the Plaintiff filed an appeal seeking revocation of the disposition of business suspension for the said six-month period, and the Gyeongnam-do Administrative Appeals Commission rendered a modified ruling on April 27, 2017, to reduce the disposition of business suspension for the said six-month period as the disposition of business suspension for three months.

F. On May 16, 2017, the Defendant rendered a disposition of business suspension for three months to the Plaintiff in accordance with the purport of the said modified ruling.

(hereinafter referred to as the "disposition of this case"). [The grounds for recognition] Gap's evidence 1, Eul's evidence 1 to 4 (including branch numbers) and the purport of the whole pleadings.

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

3. Whether the disposition in this case was an abuse of discretionary power

A. The Plaintiff’s assertion ① Each of the above real estate sales contracts is C and F.

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