(영문) 광주지방법원 2019.06.27 2018구합1053

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2019.06.27 2018구합1053

과태료부가처분취소 등

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a licensed real estate agent who runs real estate brokerage business under the trade name of "C" in Gwangju North-gu, Gwangju.

B. On August 31, 2018, the Defendant imposed an administrative fine of KRW 200,000 on the Plaintiff on the ground that “the Plaintiff, while mediating the lease contract for D subparagraph on October 10, 2016, did not faithfully and accurately verify and explain the object of brokerage, such as in writing the confirmation and explanation of the object of brokerage in writing, and thereby violated Article 25(1) of the Licensed Real Estate Agents Act” (hereinafter “instant disposition imposing the administrative fine”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 5 (including additional number), Eul evidence 5 and 6, the purport of the whole pleadings

2. Article 51(2)1-2 of the Licensed Real Estate Agent Act provides that a person who fails to confirm and explain the object of brokerage in good faith and accurate manner in violation of Article 25(1) of the same Act shall be punished by a fine for negligence not exceeding five million won, even though Article 38 of the Enforcement Decree of the same Act provides for the criteria for imposing the fine for negligence, does not provide for the procedures for objection to the imposition of the fine for negligence.

On the other hand, Articles 20(1) and (2), 21(1), 36(1), and 38(1) of the Act on the Regulation of Violations of Public Order may file an objection in writing with the relevant administrative agency within 60 days from the date on which the administrative agency is notified of the imposition of the fine for negligence. If an objection is filed, the imposition of the fine for negligence shall lose its effect, and if an objection is filed, the administrative agency in receipt of the objection shall notify the competent court along with its opinion and documentary evidence within 14 days from the date of receiving the objection, and the court in receipt of the notification shall decide the fine for negligence by decision stating the reasons therefor, and the parties and the public prosecutor shall file an immediate appeal against

참조조문

-공인중개사법 제25조 제1항

-공인중개사법 제51조 제2항 제1호의2

유사 판례

-대구지방법원 2018.12.14 2017구단11256

-대구지방법원 2019.02.15 2018구단1737

-광주지방법원 2021.04.29 2020구합14960

-대전지방법원 2019.05.22 2018구합104633

-청주지방법원 2017.04.27 2017구합58