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(영문) 서울북부지방법원 2016.06.24 2015고정2055
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 700,000,000,000,000,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

B as the head of G in Seoul Special Metropolitan City, Nowon-gu's head of G in 202, a commercial building owner can enter into a contract for consulting services on the increase of rent, and can enter into a lease agreement by finding a lessee who can accept the terms and conditions of the amount the owner wants, and resolving the current lease relationship with the lessee. In order to provide such consulting services, the act of arranging the conclusion of the contract is accompanied by the act of arranging the conclusion of the contract by finding a lessee who can accept the conditions that the commercial owner wants. As such, Defendant B, not a certified intermediary, could not engage in the above brokerage business.

Nevertheless, Defendant B, a certified broker who operates real estate brokerage office with the name of H in the same address as that of the above G, did not participate in the act of brokerage with Defendant A while Defendant B did not participate in the act of brokerage and used the name of Defendant A and the trade name of the above H as the broker of the lease contract. For this purpose, Defendant B registered Defendant B as the broker assistant of Defendant A.

1. No person who conducts brokerage services using another person's name or trade name, or uses another person's brokerage office registration certificate by transfer or lease;

Nevertheless, around March 25, 2014, the Defendant arranged a lease agreement for the building 104 in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City between the lessor I and the lessee J (hereinafter “instant lease agreement”). On March 26, 2014, the Defendant drafted a lease agreement by using the name of the said A and the trade name of the said H Co., Ltd. at the above office.

Accordingly, the defendant used another person's name or trade name to act as a broker.

2. The defendant A broker shall be another person.

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