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(영문) 의정부지방법원 2016.01.20 2015구단5229
영업정지처분취소
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 licensed real estate agent who operates “C” in Gyeyang-gu Seoul Metropolitan Government B.

B. D, a brokerage assistant employed by the Plaintiff, arranged a sales contract between the seller E and the buyer, and one other on August 5, 2014, when the Plaintiff was absent.

C. On October 20, 2014, E, a seller, filed a civil petition with the Defendant to the effect that “A person who is not a licensed real estate agent prepares a contract,” the Plaintiff, a licensed real estate agent, did not sign the transaction agreement and the description of confirmation of the object of brokerage, did not deliver the confirmation description of the object of brokerage and the certificate of deduction, and received and received the commission in excess of the brokerage commission.”

On November 17, 2014, the Defendant received the foregoing civil petition and investigated the facts, and issued a disposition for six months of business suspension (hereinafter “instant disposition”) on the ground that the Plaintiff did not sign the contract document and did not deliver and sign the confirmation description of the object of brokerage (hereinafter “instant disposition”).

The defendant shall impose a fine for negligence on the plaintiff (300,000 won) on the non-delivery of the certificate of deduction.

(e).

The Plaintiff filed an administrative appeal against the instant disposition, but the Gyeonggi-do Administrative Appeals Commission dismissed it on January 28, 2015.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 to 8 (including each number; hereinafter the same shall apply) and the whole purport of the pleading

2. Whether the disposition is lawful;

A. The plaintiff's assertion is to supplement the following matters after telephone conversations with D, a brokerage assistant, and D consented to the mediation act under the absence of the plaintiff. In the process, the plaintiff's signature was omitted in the contract document, and the confirmation description of the object of brokerage was not issued.

However, there was no supplementation since the contact with the parties to the transaction was not made well.

. These cases.

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