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(영문) 수원지방법원 2020.10.08 2020구합63628
업무정지처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff completed the registration of a brokerage office with the trade name called “B Licensed Real Estate Agent Office” from January 23, 2006, and completed the employment report on September 12, 2007 by employing the Plaintiff’s spouse C as a brokerage assistant.

B. On January 28, 2017, the Plaintiff: (a) received a request from D to sell E Building F (hereinafter “instant real estate”); and (b) mediated a sales contract to purchase the instant real estate from CD for KRW 160,000,000 on February 7, 2017; and (c) C completed the registration of ownership transfer for the instant real estate on February 28, 2019.

C. After doing so, on August 5, 2017, the Plaintiff arranged a sales contract to sell the instant real estate to G and H for KRW 204,60,000 (hereinafter “instant sales contract”). G and H completed the registration of ownership transfer for the instant real estate on September 18, 2017.

On March 3, 2020, the Defendant rendered a disposition of suspension of business for three months pursuant to Articles 39(1)11 and 38(2)9 of the Licensed Real Estate Agents Act and Article 25(1) of the Enforcement Rule of the same Act (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff, by mediating the instant sales contract and directly traded with the client, violated Article 33(1)6 of the Licensed Real Estate Agents Act.”

[Ground of recognition] Facts without dispute, Gap 1 through 5 evidence, entry of Eul 1 and 5 evidence, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. According to Articles 25(1) and 25(2) of the Enforcement Rule of the Licensed Real Estate Agents Act and attached Table 2 of the Plaintiff’s assertion, “where a practicing licensed real estate agent has violated any of the subparagraphs of Article 38(2) of the Act once within the last one year,” the criteria for suspension of business are six months. However, “the last one year” in the language and text of the above provision refers to one year before the date of the instant disposition.

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