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(영문) 서울고등법원 2018.03.23 2017누69207
업무정지처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as follows: (a) the court used “F” of the 2nd 5th 5-6th son of the judgment of the court of first instance as “C” of the judgment of the court of first instance; and (b) the Plaintiff’s assertion of additional claim in the court of first instance is identical to the statement of the reasons of the judgment of the court of first instance, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Additional determination

A. The gist of the Plaintiff’s assertion was that the Plaintiff delegated the Plaintiff’s wife and intermediary assistant, thereby signing and sealing the instant lease agreement and the confirmation manual of the object of brokerage, and as a proxy signing and sealing the instant lease agreement and the confirmation manual of the object of brokerage was delegated by G. Accordingly, the instant disposition on the ground that G, not the Plaintiff, signed and sealed the Plaintiff, was unlawful, since it was not G but G.

B. According to Articles 25(4) and 26(2) of the Licensed Real Estate Agents Act, a confirmation description of the object of brokerage refers to a practicing licensed real estate agent (in the case of a corporation, referring to its representative, and in the case of a corporation where a branch office is established, referring

) A practicing licensed real estate agent shall sign and affix his/her seal, and the practicing licensed real estate agent shall prepare a contract document upon the completion of brokerage and deliver it to the parties to the transaction, and the above contract shall also be signed and sealed by the practicing licensed real estate agent. According to Article 39(1)7 and 9 of the Licensed Real Estate Agents Act, where a practicing licensed real estate agent did not sign and affix his/her seal on each of the above documents, the registration authority may order the suspension of business for a fixed period not exceeding six months. The purport of the above provision is that a practicing licensed real estate agent who is an expert in brokerage is required to affix his/her signature

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