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(영문) 서울행정법원 2017.04.28 2016구합76398
불합격처분취소
Text

1. The plaintiff A, C, G, J, N, P, R, T, W, and Z shall be dismissed.

2. Plaintiffs B, D, E, F, H, K, L, M,O, Q, U, V, X, and Y.

Reasons

1. Details of the disposition;

A. On October 24, 2015, the Defendant divided the qualifying examination for licensed real estate agents on October 26, 2015 into the first and second examinations, and implemented it in sequence on the same day.

The subjects of the second examination are as follows, and 40 points out of 100 points per subject are 2.5 points per subject.

The first examination of real estate (including the second examination of real estate appraisal) - the first examination of real estate science theory (including the second examination of real estate appraisal theory) - the Civil Act (excluding the juristic act, pledge law among the general provisions, the Act on Real Estate Rights except for the rights of pledge, the General Provisions, the Act on Contracts), and the Regulation on Real Estate Brokerage among the Special Civil Act - Acts and subordinate statutes concerning the duties of licensed real estate agents and reports of real estate transactions (the Licensed Real Estate Agents Act, the Act on Report of Real Estate Transactions) and the Act on Public Notice of Real Estate (the Registration of Real Estate Act, Chapter 4 and Chapter 3 of Chapter 2 of the Land Survey, Waterway Survey and Cadastral Records Act, the Act on Land Survey and Cadastral Records) and the Act related to Real Estate - the Real Estate Brokerage Act (the National Land Planning and Utilization Act, the Urban Development Act, the Housing Act, the

B. The defendant shall obtain at least 40 points in each subject, an average of at least 60 points in all subjects, among applicants of the first and the second examinations (e.g., evaluation method), and the second examination points of those who have failed to pass the first examination shall be null and void, and the first examination only for the following examination shall be exempted for those who have passed the first examination.

(c)for the first and second tests, one of the five answers presented in each issue is drawn up in a way that misleads the most appropriate answer.

The plaintiffs applied for the second examination (hereinafter referred to as the "examination of this case"). The results of the examination of this case fall short of the average of 60 points, or obtained less than 40 points from the real estate law subject.

Accordingly, on November 25, 2015, the defendant's failure to pass a disposition does not exceed the plaintiffs' failure disposition.

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