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(영문) 서울북부지방법원 2015.07.30 2014고정1972
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a broker who runs the office of "D Licensed Real Estate Agent" in Seongbuk-gu Seoul Metropolitan Government (102).

On June 20, 2013, the Defendant was commissioned by the above licensed real estate agent office and by E who intends to purchase an apartment, introduced Seongbuk-gu Seoul apartment 106 Dong 609, which is the Defendant’s ownership, to enter into a sales contract with the purchase price of KRW 165,00,000, and completed the registration of ownership transfer to the above E on June 27, 2013.

As above, the Defendant, even as the broker, was involved in direct transactions with the client.

Summary of Evidence

1. Legal statement of witness E;

1. The defendant and the defense counsel asserts that a real estate sales contract, information on real estate brokerage business, all registered matters are not directly traded with the client, since the defendant's request for brokerage received from E was terminated by refusal, and then a transaction was made in an individual position.

However, the following circumstances acknowledged by the evidence duly adopted and examined by the court are: ① in this court, the witness E, after considering the fact that the defendant's apartment at the Internet site was registered as a kind of article, and the defendant's phone called to the defendant that there was an apartment that can be immediately occupied from the defendant; ③ on June 20, 2013, the defendant visited the defendant's office and paid 2 million won as the provisional contract deposit on the following day after introducing the apartment; ② the defendant stated to the same purpose in the investigation agency; ② the defendant stated to the same purport; ② the defendant introduced the apartment in this case after hearing the statement that he visited the office of the defendant that he was able to immediately move into the apartment; ② the defendant introduced the apartment in this case after hearing the statement that he was visiting the office of the defendant that he was able to move into the apartment immediately from E; ③ the time when he requested the mediation and the apartment house from the defendant.

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