1. The instant lawsuit shall be dismissed.

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

1. Details of the disposition;

A. On July 4, 2017, the Defendant issued a disposition of suspension of business pursuant to Article 39(1)6 and 9 of the Licensed Real Estate Agents Act for six months (period: between July 20, 2017 and January 19, 2018) on the ground that the Plaintiff violated Article 25(3) and (4) and Article 26(2) of the Licensed Real Estate Agents Act by omitting the signature and seal of the broker on the lease agreement without delivering a explanatory note verifying the object of brokerage.

B. On January 2, 2018, the Defendant rendered a disposition to revoke the establishment of a real estate brokerage office under Article 38(1)7 of the Licensed Real Estate Agents Act (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff was acting as a real estate intermediary during the period of business suspension, and the Plaintiff received a disposition stating the details of the instant disposition on January 9, 2018 (hereinafter “instant disposition”).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 to 5 and 7, the purport of the whole pleadings

2. The defendant's defense prior to the merits is a defense to the effect that the lawsuit of this case is unlawful, since it was filed 90 days after the 90-day period for filing a lawsuit for cancellation under the Administrative Litigation Act.

A revocation suit shall be instituted within 90 days from the date on which the disposition, etc. is known (Article 20(1) of the Administrative Litigation Act); and “the date on which the person becomes aware of the existence of the disposition, etc.,” which is the starting date of the filing period of the suit as prescribed by Article 20(1) of the Administrative Litigation Act, means the date on which

In the case of an administrative disposition in which the other party exists, barring any special provision, such administrative disposition shall become effective when notified to the other party in accordance with the general legal doctrine of declaration of intention, barring any special provision. Thus, when the other party becomes aware of the existence of such administrative disposition by being notified to the other party and the other party becomes aware of such fact, the filing

Supreme Court Decision 2014Du8254 Decided September 25, 2014