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(영문) 대전지방법원 2014.09.26 2014고정68
공인중개사의업무및부동산거래신고에관한법률위반
Text

1. The defendant is innocent. 2. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is that the Defendant is a person who runs real estate brokerage business under the trade name of Daejeon Central Real Estate Agent C-C-5 (D Licensed Real Estate Agent).

No one shall promote real estate speculation, such as mediating, etc. the sale of real estate for which registration of ownership preservation or transfer has not been made, or the change of rights, such as resale, is restricted pursuant to relevant Acts and subordinate statutes, with the intention of evading taxes or otherwise violating relevant Acts and

Nevertheless, around 11:00 on November 14, 2012, the Defendant knew that the registration of ownership preservation and the registration of ownership transfer has not been made in the name of the seller for the house of farming household in G located in the F judicial scrivener office located in Chungcheongnam-gun, Chungcheongnam who is the owner of the said house, shall be the seller, and KRW 150,000 was entered into a real estate sales contract with I as the buyer, and received KRW 150,000 as the brokerage commission.

2. Determination

A. As to this, the Defendant acknowledged that the instant farming house was acting as a broker for a sales contract without registration of ownership preservation and registration of ownership transfer, but did not encourage real estate speculation, and did not encourage real estate speculation. The Defendant made a registration of ownership preservation of the instant farming house under the name of the seller (H), and made a brokerage on the premise that the buyer (I) later completed the registration of ownership transfer and made best efforts for the subsequent preservation registration and transfer registration.

B. Article 33 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act promotes real estate speculation, such as mediating the sale of real estate for which no registration of ownership preservation or transfer has been made for the purpose of evading taxes or other relevant statutes, or the change of rights such as resale, etc. has been restricted by relevant statutes.

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