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(영문) 대전지방법원 2013.05.30 2012고단4419
공인중개사의업무및부동산거래신고에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2012 Highest 4419] Any person who is not a broker shall not use the name "licensed real estate agent office", "real estate brokerage", or any other similar name.

Even if the Defendant is not a broker, the Defendant operated the office by putting up the business sign of the name “Seoul Licensed Real Estate Agent Office” from May 16, 2012 to August 3, 2012.

[2013 Height52] Where a party to a contract bears a quid pro quo obligation, the party to the contract shall apply for the registration of ownership transfer within 60 days from the date the counter-performance of the consideration is completed. In such cases, where a party who entered into a contract with the purport to acquire the ownership of the real estate has again entered into a contract with a third party on the real estate before the day the performance of the counter-performance of the above consideration is completed, the party shall apply for the registration of ownership transfer according to the first concluded contract within 60 days from

On June 23, 2010, the Defendant: (a) entered into a sales contract with E, the owner of “E,” “E,” “H, I,” and “90 million won”; (b) paid the full amount of the purchase price to H and I on July 1, 2010; (c) filed an application for the registration of ownership transfer of the said real estate until August 30, 2010; (d) instead, the Defendant entered into a registration of ownership transfer on the said real estate under the name of the seller, “K, H, I, and J (total 382 square meters)” and around July 15, 2010, the Defendant entered into a sales contract with respect to the said real estate under the name of the seller, “E,” “H, I, and 80 million won,” which is the buyer of the said real estate; and (e) made the registration of ownership transfer on the remaining portion of the real estate under the name of the seller, “K, I, and H, and H, 813.10.1.

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