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(영문) 의정부지방법원 2019.05.21 2018구합2723
행정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On February 3, 2017, the Plaintiff is a corporation that operates real estate brokerage business after completing the registration of establishment of the real estate brokerage office, and the inside director B of the Plaintiff’s representative is a licensed real estate agent.

The Plaintiff: (a) filed a sales contract on September 6, 2017 (hereinafter “instant sales contract”) with C, a corporation, for sale of KRW 1,40,00,000,000 in KRW 1,580,000,000,000 in forest land E 49,38 square meters; and (b) F, to D, a corporation, for sale of KRW 22,00,000,000 out of the said land; (c) the Plaintiff, as a licensed real estate agent, did not sign a sales contract in two copies of the sales contract (the sales contract was prepared separately for shares of C and F) prepared at the time, and only signed and sealed it.

The plaintiff did not sign as a licensed real estate agent on two copies of confirmation and explanatory note of the object of brokerage prepared along with each of the above sales contracts, and only signed and sealed it.

On May 14, 2018, the Defendant received and investigated a civil petition that the Plaintiff violated the Licensed Real Estate Agents Act, and issued a disposition of suspension of business three months pursuant to Article 39(1)7 and 9 of the Licensed Real Estate Agents Act (hereinafter “instant disposition”) against the Plaintiff on the ground that the signature was omitted in the sales contract and the confirmation and explanatory note of the object of brokerage.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 through 3 (including additional numbers), Eul's 1, 2, and 4, and the purport of the entire argument as to the legitimacy of the disposition of this case as a whole, where Article 39 of the Licensed Real Estate Agents Act does not sign and affix seals to the confirmation and explanatory note of the object of brokerage in violation of Article 25 (4) of the Licensed Real Estate Agents Act (Article 39 subparagraph 7) and where a licensed real estate agent fails to sign and affix seals to the transaction document in violation of Article 26 (2) of the Licensed Real Estate Agents Act (Article 39 subparagraph 9).

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