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(영문) 수원지방법원 2016.09.30 2015구단33534
중개사무소의 개설등록취소처분취소
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 December 24, 2009, the Plaintiff, as a licensed real estate agent, had registered and operated the establishment of a brokerage office with the trade name “C Licensed Real Estate Agent Office” from the Mapo-si B and 1st floor.

B. On January 24, 2015, on the ground that the Plaintiff had omitted the Plaintiff’s signature and seal from a description of confirmation subject to brokerage that the Plaintiff had to keep while mediating a lease agreement on D and E, the Defendant issued a disposition of suspending business operations for 45 days (from July 1, 2015 to August 14, 2015) against the Plaintiff pursuant to Article 39(1)7 of the Licensed Real Estate Agents Act.

C. However, during the business suspension period, the Plaintiff still posted the existing information on the object of brokerage using the Internet portal site, and on July 3, 2015, additionally posted the object of brokerage, the Defendant issued a disposition to revoke the registration of establishment of the instant licensed real estate agent with respect to the Plaintiff on October 13, 2015.

[Reasons for Recognition] Evidence No. 1-1 and No. 2-2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The Plaintiff’s act of posting an object of brokerage on the Internet portal site does not constitute an act of brokerage and does not constitute a case where the Plaintiff engaged in business during the period of business suspension. (2) At the time of mediating the instant lease agreement, the Plaintiff properly signed and sealed the confirmation manual on the object of brokerage and delivered it to the lessor and the lessee. However, since the Plaintiff’s act of omitting the signature and seal by mistake in the contract for the storage of a copy, it does not violate Article 25(4) of the Licensed Real Estate Agent Act, but did not violate any legal interest or risk of infringement due to the omission of the Plaintiff’s signature and seal, the said disposition of business suspension

On this issue, the plaintiff filed a separate lawsuit for nullification of invalidity as the court 2015Guhap6858, and at the first instance court, the plaintiff's claim is filed.

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