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(영문) 수원지방법원 2016.07.14 2016노286
공인중개사법위반
Text

The judgment of the court below is reversed.

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Summary of grounds for appeal by defense counsel;

A. In fact, Defendant B believed the horses of G, the owner of land F in the wife population, and arranged a sales contract with E, and explained to E about the current status of civil engineering works, permission for development of land and charges for development.

G promised to complete road construction before the completion of the construction of a factory to E and to prevent any problem in the completion of the construction, and E directly confirmed the current state and construction status of the above land at the site.

Therefore, Defendant B suffered an error in the judgment of E due to false words and behavior on important matters in the transaction of the above land.

Although it cannot be seen, the lower court erred by misapprehending the facts by recognizing the Defendants guilty of all the facts charged in the instant case.

B. In light of the fact that the defendants discontinued their office, etc., the punishment of the court below, which sentenced the defendants to a fine of KRW 2,000,000, is too unreasonable.

2. Determination

A. Defendant A is a person who runs real estate brokerage business under the trade name of “B-authorized broker” in Gwangju City, and Defendant B is a broker of the said authorized broker.

No certified broker, etc. shall cause an error of judgement by the client by means of false words and behavior or other means with respect to important matters in transaction of the object of brokerage.

(1) On January 7, 2014, Defendant B: (a) received a request from a public broker office of the foregoing B to introduce a factory from E as soon as possible; (b) introduced the land into E with the permission for development; and (c) made it possible to introduce the land 5,866 square meters of the land of the land of the land of the land of the land of the landing population at the port of Tae-si to E; and (d) purchased the land and use it as soon as the construction of the factory is completed on the ground that the construction permission was already applied for G, the land owner, and the construction of the factory is completed.

However, the above land has not been completed by civil engineering work, and it is a road part.

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