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(영문) 서울행정법원 2017.07.20 2017구합2080
공인중개사자격 시험 불합격처분 취소
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. On October 29, 2016, the Minister of Land, Transport and Maritime Affairs entrusted business affairs related to the implementation of the qualifying examination for licensed real estate agents and conducted the qualifying examination for licensed real estate agents on October 27, 2016 (hereinafter “instant examination”). The details of the instant examination are as follows.

Subjects - The first examination: The examination subjects - the provisions related to the opening of real estate among the real estate studies (including the theory of real estate appraisal), the Civil Act and the Special Civil Act - the Acts and subordinate statutes and the practice of brokerage related to the business affairs of licensed real estate agents and reporting of real estate transactions, the Acts and subordinate statutes related to the public disclosure of real estate (the Real Estate Registration Act, the Act on the Establishment, Management, etc. of Spatial Data), the tax-related Acts related to real estate, the regulations related to real estate brokerage among the methods of the first examination and the second examination among the methods of real estate construction - the first examination conducted on the same day (if conducted at the same time, the second examination conducted by a person who has failed to pass the first examination shall become null and void) - The first examination questions of which are 5 multiple-choice questions, and the first examination questions of which are 40 or more points for each subject out of 100 points for each subject - the second examination results of at least 60 points at least the average of 10 points for each subject - the second examination.

B. During the second examination of this case, the Plaintiff obtained 62.5 points in the laws and regulations on licensed real estate agents’ business and reporting of real estate transactions and 62.5 points in the practice of brokerage, 5 points in the laws and regulations on real estate disclosure and tax laws related to real estate, 60 points in the field of real estate brokerage among real estate law, and 59.16 points on average.

C. On November 30, 2016, the Defendant rendered a disposition of failure on the ground that the points of the second examination during the instant examination fall short of the average of 60 points of all subjects, which are the passing criteria (hereinafter “instant disposition”). D.

The second examination of the instant case is below.

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