Whether an act of a broker who purchased or sold real estate by brokerage of another broker constitutes Article 15 subparag. 5 of the Subdong Brokerage Business Act (negative)

Where a broker purchases real estate as a broker of another broker who has received a request for sale brokerage from a seller and sells it to a broker of another broker who has received a request for purchase brokerage, he/she shall not fall under subparagraph 5 of Article 15 of the Real Estate Brokerage Act.

Article 15 subparagraph 5 of the Real Estate Brokerage Act

Defendant

Prosecutor

Chuncheon District Court Decision 90No441 delivered on September 20, 1990

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

The court below decided that the act of the defendant who purchased and sold the real estate of this case as a broker of another broker's real estate of this case does not fall under Article 15 subparagraph 5 of the Real Estate Brokerage Act by comparing the relevant evidence with the records and records, the judgment of the court below is justified, and it cannot be deemed that there was an error of law by misunderstanding the legal principles of Article 15 subparagraph 5 of the Real Estate Brokerage Act or by misapprehending the legal principles of Article 15 subparagraph 5 of the aforesaid Act, or by failing to exhaust all necessary deliberations, since the court below determined that the act of the defendant who purchased and sold the real estate of this case by the broker of this case as a broker of another broker's real estate of this case was not an act of purchasing and selling it of this case by the broker of this case.

Therefore, the prosecutor's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Jae-sung (Presiding Justice)