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(영문) 부산지방법원 2020.05.28 2020구합20737
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. On November 10, 2017, the Plaintiff is a licensed real estate agent who runs the real estate brokerage business after completing the registration of establishment of the real estate agent office in the name of C Licensed Real Estate Agent Office in Busan-gu B and IV.

B. On July 17, 2018, the Plaintiff did not report the employment of D as a brokerage assistant, and did not issue a confirmation and explanatory note of the object of brokerage in the course of mediating the exchange contract for the real estate located in the Busan Western-gu and Yangyang-si, Busan, and did not sign the contract document as a licensed real estate agent.

C. On September 17, 2019, the Defendant received and investigated a civil petition that the Plaintiff violated the Licensed Real Estate Agents Act, and issued a disposition of six months of business suspension (hereinafter “instant disposition”) based on Article 39(1)6, 9, and 14 of the Licensed Real Estate Agents Act on the ground that the Plaintiff failed to report the employment of brokerage assistants, failure to issue a confirmation and explanatory note, failure to issue a written confirmation of the object of brokerage, and omission of signature in the written confirmation of the opening of the transaction contract.

The Plaintiff filed an administrative appeal against the instant disposition, but the Busan Metropolitan City Administrative Appeals Commission dismissed the Plaintiff’s claim on November 25, 2019.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 to 5 evidence (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that the relevant exchange contract has not been revoked due to the Plaintiff’s alleged violation of the Licensed Real Estate Agent Act, and that the instant disposition against the Plaintiff was based on malicious appeal by the unregistered intermediary assistant, the instant disposition is unlawful by abusing and abusing discretion.

B. It is as stated in the attached Form of the relevant statutes.

C. Determination 1 Whether a punitive administrative disposition deviates from or abused the scope of discretion, is to be achieved by the content and degree of the violation, which is the reason for the disposition, and the disposition.

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