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(영문) 서울서부지방법원 2014.07.18 2014노597
공인중개사의업무및부동산거래신고에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court acquitted the Defendant who did not notify the aforementioned circumstances while mediating the premium contract, even though whether the lease contract was terminated prior to the summary of the grounds for appeal is an important matter in the transaction that affects the receipt of the premium, determined that the lower court erred by misapprehending the legal doctrine on “important matters in the transaction of the object of brokerage,” for which duty of disclosure is recognized in the former Licensed Real Estate Agents’ Business

2. The judgment below held that the payment of premiums, which is accompanied by the lease of a commercial building, does not constitute the contents of the lease contract, and the premium itself is the transfer of intangible property value, such as tangible business facilities, fixtures, etc., or business interest, etc. according to the location of the business entity, customer, credit, or store, or the cost of use for a certain period. Thus, the premium contract is concluded as accompanied by the lease contract or lease transfer contract, etc., but it is separate from the lease contract, etc., but it does not constitute brokerage under the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act. Thus, the court below held that (a) under the premise that the defendant gives and leases the premium of KRW 20 million from the tenant who operated the beauty room, and the lessor makes the lease known as the difference.

“Along with the end of “,” the Defendant introduced the said store to G which intends to operate an authorized brokerage office, and arranged the premium contract for the said G and H on April 6, 2012, including the facilities that the present lessee would bring about, and apart from, the said G and the J on April 9, 2012, the term of lease for the said store was three years for the said store, deposit money was KRW 30 million for the said house, the lease contract was arranged to be restored to its original state at the maturity of the present facility, and ③ the premium contract is, in principle, a premium contract.

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