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(영문) 수원지방법원 2019.09.19 2018구합74335
공인중개사자격취소처분취소
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 the real estate brokerage office of the trade name called “D Licensed Real Estate Agent Office” (hereinafter “instant brokerage office”) with the location of “B building and C” as the location of “D Licensed Real Estate Agent Office” (hereinafter “instant brokerage office”).

B. On March 30, 2018, the vice-branch office of the Incheon District Public Prosecutor’s Office leased the Plaintiff’s DNA real estate agent office’s name and rendered brokerage services on April 3, 2017; April 28, 2017; June 15, 2017; and the Plaintiff requested for each summary order against the Plaintiff and E as the facts charged that “A brokerage assistant E of the instant brokerage office was engaged in brokerage services under the name of the Plaintiff, and the Plaintiff had E engage in brokerage services under the name of the Plaintiff, thereby lending the Plaintiff’s real estate agent license.” On May 14, 2018, the vice-branch office of the Incheon District Public Prosecutor’s Office issued a summary order of KRW 1.5 million (Seoul District Court Branch Branch Office of the Incheon District Court) against the Plaintiff and E, respectively.

(hereinafter referred to as "relevant criminal cases"). (c)

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

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

On August 20, 2018, the Bupyeongcheon City revoked the registration of establishment of the instant brokerage office 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.

E. After a hearing, the Defendant informed the Plaintiff on November 1, 2018, pursuant to Article 35(1)2 of the Licensed Real Estate Agent Act as of November 5, 2018, the Defendant revoked the qualification of licensed real estate agent. The reason is that “the Plaintiff, as the representative of the D Licensed Real Estate Agent Office, had the broker assistant E perform real estate brokerage business using his/her name and trade name.”

(A) this disposition of revocation (hereinafter referred to as the "disposition of this case"). [The grounds for recognition] did not dispute, each entry in the evidence Nos. 1, 3, and 4 (including additional numbers),

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