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(영문) 인천지방법원 2019.06.28 2018구합1941
공인중개사자격등록취소처분취소
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 December 28, 2016, the Plaintiff registered the establishment of a mutual brokerage office of “D Licensed Real Estate Agent Office” (hereinafter “instant brokerage office”) with the location of “B and C” as the seat of “D Licensed Real Estate Agent Office”.

B. On March 30, 2018, the vice-branch office of the Incheon District Public Prosecutor’s Office requested each summary order against the Plaintiff and E on the charge that “E, on April 3, 2017; April 28, 2017; and June 15, 2017, by mediating the conclusion of an apartment sales contract or an apartment charter charter contract; and the Plaintiff leased the Plaintiff’s certificate of qualification to E; and the Plaintiff requested each summary order against the Plaintiff and E; on May 14, 2018, the vice-branch office of the Incheon District Public Prosecutor’s Office issued a summary order of KRW 1,50,000 (the Incheon District Court Branch Branch Decision 2018Da2398) of each fine against the Plaintiff and E.

C. The above summary order against the Plaintiff was finalized on June 2, 2018, and the Plaintiff requested a retrial on the said summary order, but the said request for retrial was dismissed on December 14, 2018.

(Acheon District Court Branch 2018 Inventory 4). D.

On August 20, 2018, the Defendant rendered a disposition revoking the registration of establishment of the instant brokerage office (hereinafter “instant disposition”) on the ground that the Plaintiff violated Article 19(1) of the Licensed Real Estate Agent Act by lending the registration certificate of the brokerage office (hereinafter “instant disposition”).

E. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, but was dismissed on November 12, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence 7, Eul evidence 1, Eul evidence 1, 4, 5, 7, 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion E merely plays a role as a brokerage assistant, who is employed as the plaintiff's brokerage assistant, and did not perform the brokerage business prohibited by the law, and the plaintiff does not act as a broker.

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