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(영문) 대법원 2013.04.26 2013도2914
공인중개사의업무및부동산거래신고에관한법률위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The act of a broker, etc., which is defined in Article 33 subparagraph 6 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, directly trades with a client means the case where the broker, etc. becomes a direct partner of the act of acquisition and change of the right requested by the client.

Based on the evidence duly admitted by the first instance court, the lower court acknowledged the following facts: (a) the Defendant, a real estate broker, requested the purchase of the site for a electric source house from E, agreed to sell the instant real estate owned jointly by the Defendant with the husband, and requested G, who is another real estate broker, to prepare a sales contract; and (b) determined that the Defendant’s act constitutes a direct transaction with

In light of the above legal principles and records, the above judgment of the court below is just, and there is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of misapprehending the legal principles on direct transactions under the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, as alleged in the grounds of appeal

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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