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(영문) 의정부지방법원 고양지원 2013.04.05 2012고정1894
공인중개사의업무및부동산거래신고에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. A person who intends to engage in brokerage business of the substance of the facts charged shall register the establishment of a brokerage office with the competent authority;

Nevertheless, on May 20, 2009, the Defendant run the brokerage business by mediating the sales contract for G land, etc. in the case of sowing between E and F without registering the establishment of a brokerage office with the competent authority.

2. Determination

(a) Article 2 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (Act No. 9127, Jun. 13, 2008) (Definition of the Terms used in this Act) shall be as follows:

4. The term " broker" means a person who has registered the establishment of a brokerage office under this Act;

5. The term "licensed real estate agent affiliated with a broker" means a licensed real estate agent (including an employee or executive of a corporate broker who is a licensed real estate agent) who acts as a broker, or assists in acting as a broker;

Article 9 (Registration of Establishment of Brokerage Office) (1) A person who intends to engage in brokerage business shall file a registration of establishment of a brokerage office with the head of a Si (referring to the head of a Si where no Gu is established or the head of an administrative Si of a Special Self-Governing Province; hereinafter the same shall apply)/Gun/Gu (hereinafter referred to as "registration authority") having jurisdiction over an area where he/she intends to establish a

Article 13 (Standards for Establishment of Brokerage Office) (6) A broker may use a brokerage office jointly with another broker to efficiently perform his/her duties.

Article 15 (Report, etc. of Employees) (1) When a broker employs or dismisses a licensed real estate agent affiliated with a broker or brokerage assistant, he/she shall report thereon to the registration authority under the conditions as prescribed by Ordinance of the Ministry

(2) Business activities of affiliated licensed real estate agents or brokerage assistants shall be considered as the activities of the broker who employs them.

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