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1. The Defendant’s suspension of qualification against the Plaintiff on March 30, 2018 (three months) disposition is revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. The Plaintiff is a licensed real estate agent affiliated with the Seocho-gu Seoul Metropolitan Government (hereinafter “instant brokerage office”).
B. On May 2, 2017, the Plaintiff arranged a sales contract for the land and its ground buildings in Gwanak-gu in Seoul Special Metropolitan City between C and D (hereinafter “instant sales contract”).
C. On February 9, 2018, the Defendant rendered a disposition of qualification suspension three months (from April 9, 2018 to July 8, 2018) based on Article 36(1)4 and 5 of the Licensed Real Estate Agents Act (hereinafter “instant disposition”) on the ground that the Plaintiff did not seal the confirmation description and contract document while mediating the instant sales contract.
On April 10, 2018, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but the said administrative appeals commission dismissed it on June 12, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 7, the purport of the whole pleadings
2. At the time of mediating the instant sales contract, the Plaintiff’s assertion did not violate Articles 25(4) and 26(2) of the Licensed Real Estate Agents Act, since the Plaintiff, at the time of arranging the instant sales contract, signed and sealed the specifications of confirmation of the object of brokerage and the contract document, and delivered them to the seller and the buyer.
Therefore, the instant disposition is unlawful.
3. Attached statements to the relevant Acts and subordinate statutes;
4. Determination
A. Article 25(3) of the Licensed Real Estate Agents Act provides that " When a practicing licensed real estate agent prepares a contract document after the completion of brokerage, he/she shall prepare matters to be verified and explained in writing to the parties to the transaction and deliver it to them, and keep a copy thereof for a period prescribed by Presidential Decree."