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(영문) 서울행정법원 2014.12.19 2014구합70686
공인중개사 자격취소처분취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On November 4, 1985, the Plaintiff obtained a licensed real estate agent’s license from the Defendant, and was issued a brokerage office registration certificate from the head of Seocho-gu Seoul Metropolitan Government on October 20, 2010.

B. On November 4, 2013, the Defendant determined that “the Plaintiff allowed B to render brokerage services using his/her name or transferred or lent a licensed real estate agent’s license,” and issued a disposition to revoke the qualification of a licensed real estate agent pursuant to Article 35(1)2 of the former Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (amended by Act No. 1063, May 19, 201; hereinafter “former Licensed Real Estate Agents Act”) against the Plaintiff (hereinafter “instant disposition”).

C. On January 8, 2014, the Plaintiff appealed to the Central Administrative Appeals Commission, but the said claim was dismissed on July 22, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 3, 5, 6 (including paper numbers; hereinafter the same shall apply), Eul evidence 2 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was unlawful since the Plaintiff merely lent the certificate of brokerage office registration to B, and had B render brokerage services using his/her name or not lent his/her “licensed real estate agent qualification”. Thus, the instant disposition based on this premise is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. Fact 1) On January 30, 2013, the Plaintiff was sentenced to a fine of KRW 2,000,000 by Suwon District Court Decision 201Da3140 (hereinafter “instant litigation”) (hereinafter “instant litigation”).

The main contents of criminal facts are as follows.

1. B around October 13, 2010, around October 13, 2010, paid KRW 350,000 per month to the Plaintiff as a brokerage office registration fee, and employed the Plaintiff.

Any person who acts as a broker using another person's name or trade name, or uses another person's brokerage office registration certificate through taking over or borrowing it.

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