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(영문) 서울행정법원 2015.05.28 2014구합21066
업무정지처분취소
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. The Plaintiff is a person who runs real estate brokerage business under the name of "C" in Gangnam-gu Seoul Metropolitan Government after the registration of the real estate brokerage office on December 22, 2008.

B. On May 29, 2014, the Plaintiff arranged a sales contract of KRW 890,00,00 with respect to D 103 Dong 901 (hereinafter “instant apartment”) in Gangnam-gu, Seoul (hereinafter “instant apartment”). The Plaintiff’s statement on confirmation of the object of brokerage (hereinafter “instant confirmation statement”) prepared by the Plaintiff stated “8,010,000, details of calculation of KRW 890,000,000,000 x 0.9%.”

C. On July 4, 2014, the Defendant received a civil petition from Nonparty E to the seller of the instant apartment to the effect that “the Plaintiff entered at will the real estate brokerage fee at 0.9% without obtaining his/her consent,” and the Defendant’s employee visited the Plaintiff’s real estate brokerage office to confirm the fact, and notified the Plaintiff of the pre-announcement of the administrative disposition for the period of business suspension for three months.

On July 17, 2014, the Plaintiff submitted a written opinion on this, and the Defendant issued an administrative disposition 45 days of business suspension against the Plaintiff on July 21, 2014.

(hereinafter “instant disposition”) e.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Seoul Special Metropolitan City Administrative Appeals Commission on July 29, 2014, and the Seoul Special Metropolitan City Administrative Appeals Commission reduced the said disposition by 30 days of business suspension on October 13, 2014.

(A) The Plaintiff’s disposition taken on July 21, 2014, which was mitigated, was “the instant disposition,” and the Plaintiff appears to have been “45 days of business suspension” as stated in the Plaintiff’s claim. (f) The Plaintiff dissatisfied with the instant disposition and filed the instant lawsuit on December 8, 2014.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, Eul evidence 1 and 2, the purport of the whole pleadings]

2. The assertion and judgment

A. The plaintiff's assertion.

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