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(영문) 대전지방법원 2020.08.13 2020구단100200
영업정지처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a licensed real estate agent who operates D in Seobuk-gu, Seoan-gu, Seocheon-si B and C.

B. Under the Plaintiff’s brokerage, E sold the G land in Seo-gu, Seoan-gu, Seoan-si to F on December 15, 2017.

(hereinafter “instant sales contract”). C.

The plaintiff does not keep a confirmation and explanatory note of the object of brokerage related to the contract of this case.

On March 11, 2019, the Defendant issued a disposition of business suspension for 1.5 months based on Article 39(1)6 of the Licensed Real Estate Agents Act and Article 25(1)7 of the Enforcement Rule of the Licensed Real Estate Agents Act (hereinafter “instant disposition”) on the ground that the Plaintiff, a licensed real estate agent, violated his/her duty to confirm and preserve a description of the object of brokerage.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the instant sales contract was rescinded on February 10, 2018.

The seller and the buyer reversed all the documents related to the sales contract of this case.

The Plaintiff, as a licensed real estate agent, kept a copy of the instant sales contract, but reversed it on the ground that the confirmation and explanatory note of the object of brokerage, which is only an incidental document, is unnecessary.

It is reasonable to interpret that the obligation to preserve the confirmation and explanatory note of the object of brokerage is premised on the case where the sales contract is valid even if the agreement is rescinded explicitly in the Licensed Real Estate Agent Act.Although the obligation to preserve the object of brokerage is acknowledged even if the agreement is rescinded, it is not clear in the Licensed Real Estate Agent Act about the duty to preserve the confirmation and explanatory note of the object of brokerage, there is no disadvantage to the parties to the contract of this case, and the plaintiff has faithfully performed the duty to preserve the object of brokerage for 10 years while performing its duty as a licensed real estate agent without any particular illegality.

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