The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The Defendant is a real estate broker who operates a real estate brokerage office under the name of “D Licensed Real Estate Agent Office” in Gangseo-gu Busan Metropolitan City.

No broker shall cause an error of judgement by the client by means of false words and behavior, etc., concerning important matters relating to transaction of the object of brokerage.

Around October 5, 2013, the Defendant received a request from the above brokerage office for brokerage that “a request is made to introduce apartment houses capable of receiving a loan from a financial institution for a lease on a deposit basis” from E. The fact is that, even though it is impossible for a financial institution to obtain a lease on a deposit basis because the ownership transfer registration was not completed in the name of the lessor in Gangseo-gu Busan Metropolitan Government F apartment 112 Dong 102, the above real estate was not completed, the Defendant believed that the above E would be able to obtain a lease on a deposit basis with the owner of the house without notifying the above E of such circumstance, and paid the lessor KRW 2 million as a lease on a deposit basis.”

After all, the defendant made an excessive judgment of E, the client, by giving false or unfaithful notice concerning important matters relating to transaction of the object of brokerage.

2. Determination

A. Article 33 subparag. 4 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (hereinafter “Act”) (hereinafter “instant provision”) provides that a broker, etc. shall not engage in “the act of causing an error in the judgement of the client by means of false words and behavior or other means with respect to important matters relating to the transaction of the relevant object of brokerage.”

The language and text of the above provision, the types of acts prohibited under each subparagraph of Article 33 of the Act, and Article 25 (1) of the Act imposes a broker's duty to faithfully and correctly explain to the broker about the object of brokerage, etc.