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(영문) 서울행정법원 2015.07.03 2015구단52411
업무정지처분취소
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. The Plaintiff is running real estate brokerage business under the trade name called “C Licensed Real Estate Agent Office” in Seocho-gu Seoul Metropolitan Government, Seocho-gu and 113.

B. According to D’s request for brokerage, the Plaintiff arranged a sales contract for F apartment Nos. 103, 103, and 103 of Seocho-gu Seoul Metropolitan Government (hereinafter “instant sales contract”) between the seller and one other, and prepared a sales contract and a description verifying the object of brokerage on June 4, 2014.

C. On February 24, 2015, the Defendant issued a disposition of business suspension for 45 days on the ground that the Plaintiff violated Article 25(1) of the Licensed Real Estate Agents Act (hereinafter “Act”) by failing to state the brokerage remuneration in the confirmation description of the object of brokerage.

(hereinafter “Disposition in this case”). [Grounds for recognition] The Disposition in this case is without dispute; Gap evidence 1 to 3; Eul evidence 1 (including paper numbers); and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. (1) The Plaintiff’s assertion (1) attempted to fully explain the brokerage commission rate (0.4%) commonly used by the Plaintiff, but it is merely that it was impossible to enter the details of the calculation, etc. as it did not reach an agreement on the brokerage commission between D and D, and D also confirmed that the Plaintiff fulfilled its duty to explain the confirmation of the object by signing and sealing it on the confirmation description of the object of brokerage.

Since the part concerning brokerage fees, etc. is different from the other confirmation items in the confirmation description of the object of brokerage, the part concerning brokerage fees, etc. is an agreement between the client and the broker, and thus, it cannot be deemed that the plaintiff failed to fulfill the duty to explain the confirmation of the object of brokerage solely because the part concerning brokerage fees is blanks in the confirmation description of the object of brokerage, the disposition of this case by the defendant on the premise that the plaintiff

(2) The Plaintiff failed to receive brokerage fees, thereby filing a lawsuit against D seeking brokerage fees. D.

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