logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2015.11.05 2015구합6897
업무정지처분취소
Text

1. The Defendant’s disposition of business suspension for 45 days against the Plaintiff on January 5, 2015 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff, as a licensed real estate agent, operates a real estate brokerage office in the trade name of Seocho-gu Seoul Metropolitan Government B and 102.

B. On December 7, 2012, the Plaintiff arranged a sales contract between E and buyer F and G (hereinafter “instant sales contract”) with respect to the seller’s D apartment Nos. 102 and 602 (hereinafter “instant apartment”).

At the time, the plaintiff prepared a confirmation and explanatory note of the object of brokerage and delivered it to the client F and G, and the confirmation and explanatory note of the object of brokerage was the blank column of the "value and calculation of the brokerage commission and actual cost".

C. On January 15, 2015, the Defendant issued a disposition of 45 days of suspension of business on the ground that the Plaintiff violated Article 25(1) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Licensed Real Estate Agents Act”) by failing to state the brokerage remuneration on the confirmation and explanatory note of the object of brokerage.

(hereinafter “instant disposition”) D.

On June 1, 2015, the Plaintiff filed an administrative appeal seeking revocation of business suspension with the Seoul Special Metropolitan City Administrative Appeals Commission, but the said administrative appeals commission dismissed the Plaintiff’s appeal.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-4, Gap evidence 2-1-2, Eul evidence 1-1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On September 18, 2012, the Plaintiff asserted that the sales contract was concluded between E and G with respect to the instant apartment on September 18, 2012, and the confirmation and description of the object of brokerage prepared and delivered at that time included a brokerage commission.

However, on the ground that the parent-friendly F of the above G is found and that G does not have any balance loan for university students, the former contract is cancelled and the F acquires 2/3 of shares 1/3.

arrow