1. The plaintiff's claim is dismissed.

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

Details of the disposition

The plaintiff is running real estate brokerage business under the name of "C Licensed Real Estate Agent Office" in Yongsan-gu Seoul Metropolitan Government.

On May 7, 2012, the Plaintiff prepared a lease agreement and a description verifying the object of brokerage, respectively, as a broker for a lease agreement (hereinafter “instant lease agreement”) on two single-storys (hereinafter “instant real estate”) out of 52.33 square meters of cement block housing 122.6 square meters in Yongsan-gu Seoul, Yongsan-gu, Seoul.

After investigating the process of entering into the instant lease agreement according to E’s petition, the Defendant issued a disposition of suspending business operations for a period of four months pursuant to Article 39(1)5 and 8 of the Licensed Real Estate Agents Act, Article 39 of the Licensed Real Estate Agents Act, subparagraph 3 of the Addenda of the Licensed Real Estate Agents Act (No. 12635), Article 39(1)5 and 8 of the former Licensed Real Estate Agents’ Business Affairs and Report of Real Estate Transactions Act (wholly amended by Act No. 11943, Jul. 17, 2013; hereinafter “former Licensed Real Estate Agents Act”).

(hereinafter “instant disposition”). On March 4, 2015, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Seoul Special Metropolitan City Administrative Appeals Commission, but was dismissed on July 27, 2015.

[Reasons for Recognition] In light of the following circumstances, the instant disposition is deemed to have been abused its discretion, taking into account the absence of dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 12, and the purport of the entire pleadings, and the Plaintiff’s assertion as to the legitimacy of the instant disposition.

Article 26 (1) of the former Licensed Real Estate Agents Act shall prepare a contract document when the brokerage of the object is completed.