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(영문) 대구지방법원 2015.07.15 2015구합280
개업공인중개사의등록취소처분취소
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 6, 2005, the Plaintiff acquired the qualification as a licensed real estate agent, and registered the establishment of a brokerage office with the trade name “C Licensed Real Estate Agent Office” in Daegu-gu, Seogu, Daegu-gu, as of April 20, 2012 (hereinafter “instant office”). The Plaintiff is running real estate brokerage business.

B. On January 17, 2014, D (Before the opening of the instant office: E) submitted to the Defendant a written petition stating that “B (B) informed the Defendant of an unlawful defense at the instant office, and the written petition was not written by the warden,” which was a brokerage assistant of the instant office.

C. The Defendant did not report an employment relationship with the affiliated licensed real estate agent affiliated with the instant office to the registration authority. At the instant office, the Defendant confirmed the Plaintiff’s written contract, not written, at the Plaintiff’s office, and confirmed the part of the contract, the former Licensed Real Estate Agents Act was the Licensed Real Estate Agents’ Business Affairs and Report of Real Estate Transactions Act on February 11, 2014, and the legal name was amended by Act No. 12374, Jan. 28, 2014 (Enforcement Date of July 29, 2014).

The Licensed Real Estate Agents Act (hereinafter referred to as "Licensed Real Estate Agents Act").

In accordance with Articles 15 and 39(1)14 of the same month, the police investigation was requested on the ground of violation of Article 19, etc., and the non-reported portion was subject to a disposition of one month of business suspension (from February 25, 2014 to March 24, 2014).

Summary Order (Evidence No. 5)

1. The F shall not provide brokerage services using the name or trade name of another person;

Nevertheless, the Defendant, at the instant office on February 28, 2013, arranged a real estate lease agreement for 105, the instant office, using the name of a licensed real estate agent A (Plaintiff) and the “C Licensed Real Estate Agent Office” registered by the Plaintiff. On June 23, 2013, the Defendant provided brokerage services using the name of a licensed real estate agent A (Plaintiff) and the “C Licensed Real Estate Agent Office” registered by the Plaintiff. On June 23, 2013, the Defendant provided brokerage of a real estate lease agreement for HBD 202,

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