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(영문) 창원지방법원 2018.04.18 2018구단10065
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 registered the establishment of a brokerage office and operates a real estate brokerage office in the name of “C” in Kimhae-si B.

B. On January 9, 2018, the Defendant rendered a disposition of business suspension three months (from February 9, 2018 to May 8, 2018) on the ground that “The Plaintiff, on July 25, 2015, has to sign and seal a licensed real estate agent’s contract on the sales contract concerning D Building 1111 at Kimhae-si, notwithstanding that it did not affix a signature and seal on the relevant contract document.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 8, the whole purport of pleading

2. Whether the disposition is lawful;

A. Recognizing that the Plaintiff’s assertion was omitted from the seal affixed to the contract issued by the Plaintiff, the Plaintiff did not have the signature and the seal affixed only, and the degree of the mistake is too minor, and the instant disposition is too excessive, so there is an error of abuse of discretion.

(b) Entry in the attached Form of relevant statutes;

C. (1) Determination (1) Article 25(4) of the Licensed Real Estate Agents Act provides that “The confirmation and explanatory note under paragraph (3) shall be signed and sealed by the practicing licensed real estate agent, and where there is a licensed real estate agent affiliated with the licensed real estate agent who has engaged in the brokerage, the licensed real estate agent affiliated with the licensed real estate agent concerned shall also sign and affix his/her seal thereto.” Article 26(1) of the same Act provides that “If brokerage is completed, the practicing licensed real estate agent shall prepare a contract document as prescribed by Presidential Decree and deliver it to the transaction party and keep a copy thereof for the period prescribed by Presidential Decree.” Article 26(2) of the same Act provides that “The provisions of Article 25(4) shall apply mutatis

In addition, Article 39 (1) of the Licensed Real Estate Agents Act does not sign and seal the contract document.

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