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(영문) 수원지방법원 성남지원 2013.04.19 2013고정171
공인중개사의업무및부동산거래신고에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who operates C real estate in Gwangju City.

A broker shall not receive money and valuables in excess of the fees or actual expenses prescribed by the Act under any pretext, such as reward, donation, etc.

On October 19, 201, the Defendant: (a) mediated a contract to sell KRW 210,000,000 to F with respect to land outside Gwangju-si, which is owned by D and two others (hereinafter “1 land”); (b) received KRW 3,300,00 from F as a brokerage commission, in excess of KRW 1,89,00,00, the statutory brokerage commission; and (c) received KRW 3,300,000 from G in the same place on the same day, while mediating a contract to sell the land outside H of the Republic of Korea (hereinafter “2 land”) to G for KRW 31,00,000,000, in the same place on the same day, the Defendant received KRW 3,300,000,000, which is a statutory brokerage commission, from G, under the pretext of a brokerage commission; and (d) received money and valuables exceeding each statutory commission.

2. Determination

A. The Defendant’s assertion asserts that, inasmuch as the value-added tax is assessed on 3.3 million won among the 3.3 million won each of the 3.3 million won that F and G received as a brokerage commission, if excluded, the actual transaction price of the 1st land that F purchased is KRW 340 million, and the actual transaction price of the 2nd land that G purchased, is KRW 450 million, and KRW 450 million, as such, the Defendant’s assertion that legal brokerage commission (F: 3.6 million = = 34.4 million x 0.9/100, G 4050 = 450 million x 0.9/1000) is not received.

B. According to the records, the following circumstances can be acknowledged.

① After purchasing 14 parcels of land within the land transaction permission zone, including 1 and 2 land from D, etc., I removed a warehouse, etc. after obtaining permission for the development of a multi-family house and permission for the construction of a multi-family house with respect to the said land after obtaining permission for the development of a multi-family house and dividing the land into the access road.

(2) I shall act as the broker of the defendant, to F and G with the land set forth in the first and second provisions.

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