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(영문) 대구지방법원 2018.12.14 2017구단11256
업무정지등처분취소
Text

1. The part concerning a request for revocation of the imposition of an administrative fine among the instant lawsuits is dismissed.

2. The plaintiff's remaining claims.

Reasons

1. Details of the disposition;

A. The Plaintiff is a licensed real estate agent who is operating the “A Licensed Real Estate Agent Office” in Seodaemun-si.

B. On September 6, 2017, the Defendant issued a disposition of imposition of an administrative fine of KRW 5 million on the ground that the Plaintiff violated Article 25(1) of the Licensed Real Estate Agent Act (hereinafter “instant disposition of imposition of an administrative fine”) and (2) a practicing licensed real estate agent’s signature on the confirmation and explanatory note of the object of brokerage by omitting the Plaintiff’s signature in the real estate sales contract for C and D E (hereinafter “instant real estate”). On June 30, 2017, the Defendant failed to accurately explain the confirmation and explanatory description of the object of brokerage. The Defendant issued a disposition of suspension of business for three months on the ground that the Plaintiff violated Article 25(4) of the Licensed Real Estate Agent Act (hereinafter “instant disposition of suspension of business”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 7, Eul evidence 1, the purport of the whole pleadings

2. We examine the legitimacy of this part of the lawsuit ex officio on the claim for revocation of the disposition imposing the fine for negligence of this case.

Articles 25 (1) and 51 (2) 1-2 of the Licensed Real Estate Agents Act provide that, upon receipt of a request for brokerage, a practicing licensed real estate agent shall confirm the state, location and relationship of the relevant brokerage, transaction or use restrictions, etc. before the brokerage is completed, and explain it faithfully and correctly to the brokerage client who intends to acquire the right to the relevant brokerage object, and present the evidentiary materials for the explanation, such as a certified copy of land cadastre or a comprehensive real estate certificate, a certificate of registration certificate, etc., and that a fine for negligence shall be imposed on a person who fails to confirm and explain the brokerage object in good faith and correctly, or fails to present the evidentiary materials for the explanation, in violation of this provision. Article 38 of the Enforcement Decree of the same Act provides for the criteria for imposing

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