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(영문) 인천지방법원 2016.11.10 2016구합395
부동산중개사 등록취소처분취소
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. A. Around March 13, 2014, a mutual brokerage office (hereinafter “instant brokerage office”) called D Real Estate D located in Bupyeong-gu, Nowon-gu, Seoul (hereinafter “instant brokerage office”) was established under the name of the Plaintiff and was operated until June 2015.

Since June 18, 2015, a mutual brokerage office called the F real estate intermediary office located in Bupyeong-gu, Nowon-gu E is established and operated in the name of the plaintiff from June 18, 2015.

B. On July 17, 2015, the Defendant issued a disposition revoking the registration of real estate brokerage office (hereinafter “instant disposition”) on the ground that the Plaintiff violated Article 19(1) of the Licensed Real Estate Agents Act by transferring or lending the registration certificate of its brokerage office G to the brokerage assistant G.

[Ground of recognition] Facts without dispute, entry B in 1-4, purport of the whole pleadings

2. Whether the disposition of this case is unlawful

A. (1) The Plaintiff’s assertion (1) A, an intermediary assistant of the instant brokerage office, without the Plaintiff’s permission, only acted as a broker of several recommended rental contracts by stealing the Plaintiff’s seal between the Plaintiff and the Plaintiff’s seat without permission, and the Plaintiff did not allow G to render brokerage services using the Plaintiff’s name or trade name, or transfer or lend the Plaintiff’s brokerage office registration certificate to G.

(2) In light of the fact that a brokerage office has been operated on an exemplary basis for over 30 years without any violation of relevant laws and regulations, such as being given official commendation to the head of agency over several times, the disposition of this case is deprived of the Plaintiff’s means of livelihood (living rights) and the violation of this case did not cause any damage to the broker-related person, etc., the disposition of this case is unlawful by abusing its discretionary power, rather than by the realization of public interest.

(b) as shown in the attached Form of the relevant statutes;

C. (1) Determination of the existence of the grounds for disposition is not only the transfer or lending of the certificate of corporate office registration.

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