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(영문) 청주지방법원 2016.12.15 2016고정246
공인중개사의업무및부동산거래신고에관한법률위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged shall not allow any other person to conduct brokerage business using his name, nor transfer or lend his/her certificate of licensed real estate agent to another person;

Nevertheless, while operating D and real estate brokerage offices without a qualification certificate of real estate agents, the Defendant, while mediating the sale and purchase of land, decided D to intermediate the sale and purchase of building and commercial buildings and received approximately KRW 500,000 per month from D.

Accordingly, around September 1, 201, the Defendant opened a “F Licensed Real Estate Agent Office” in Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and hired D as a brokerage assistant around September 6, 201; and D, around November 26, 201, had D sell “I Apartment-gu, considerable I Apartment-gu, 101 Dong 704” (hereinafter “instant apartment”) to J.

Accordingly, the defendant had D render real estate brokerage services using the name of the defendant.

2. Determination

A. In light of the purport of Article 49(1)1 and 7 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (amended by Act No. 11866, Jun. 4, 2013; hereinafter “Licensed Real Estate Agents Act”), “act of a licensed real estate agent to have another person render brokerage services using his/her name, etc.” concurrently provides for the act of transferring, lending, etc. of qualification certificate and punishing a real estate agent concurrently with the same statutory punishment, the act of allowing a real estate agent to render brokerage services using his/her name, etc. as above should reach the extent of lending qualification certificate, etc. of a real estate agent by having another person use his/her name, etc. without actually engaging in brokerage services and having another person conduct brokerage services as if he/she were a licensed real estate agent, and part of a series of brokerage services performed by a broker assistant.

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