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1. The Defendant’s non-provisional disposition against the Plaintiff on January 19, 2017 regarding the application for registration of the establishment of a real estate brokerage office.
Reasons
1. Details of the disposition;
A. On December 30, 2016, the Plaintiff, a licensed real estate agent, entered into a lease agreement with the content that he/she leases a lease deposit of KRW 10,000,000, rent of KRW 2,000, rent of KRW 2,000 (payment on the last day of each month) among the Class II neighborhood living facilities (office) (hereinafter “office”) out of the building of Pyeongtaek-si land (hereinafter “instant land”) on which the building register is entered, and the special agreement was stipulated as follows.
Special Agreement (Evidence A No. 2-2)
1. Where it is necessary to specify a lessee due to the progress of an urban development project, the lessee shall do so without any condition, if the lessor demands it;
2. No lessee shall exercise any right to claim business compensation and various kinds of compensation arising from an urban development project;
B. On January 2, 2017, the Plaintiff filed an application for registration of establishment of the real estate brokerage office (hereinafter “instant application”) with the Defendant on January 2, 2017 to run the brokerage business on the instant building. However, on January 19, 2017, the Defendant notified the Plaintiff that he would refuse the instant application for the following reasons (hereinafter “instant disposition”).
The defendant added the provision of Article 13 (2) 4 of the Enforcement Decree of the Licensed Real Estate Agents Act to the provision of "where it violates any other restrictions under this Act or other Acts and subordinate statutes" in this court.
As a result, the instant land is located within the zone development project of the zone (hereinafter “instant development project”) and consultation with the urban development, it is difficult to inform that the registration of establishment of the real estate brokerage office is not possible because it falls short of the standards for registration of establishment under Article 9(3) of the Licensed Real Estate Agents Act (the office is not secured) on the ground that the instant land is located within the zone development project of the zone (hereinafter “instant development project”).