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(영문) 대전지방법원 천안지원 2018.05.03 2017고정853
공인중개사법위반
Text

A defendant shall be punished by a fine of 500,000 won.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No authorized broker, etc. of the opening business shall engage in direct transactions with the client.

While the Defendant operated the “C Real Estate” located in Seoan-gu, Seoan-gu, Seocheon-gu, and was working as an authorized broker for the opening of the business, the Defendant sold the D apartment E commercial building in Seoan-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, Seoul, to F, and directly traded it.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. A copy of a real estate sale contract, copy of a commercial building supply contract in D apartment, copy of a monthly rent contract in commercial buildings, a certificate of all the registered matters, and a commercial building sale guide [in order to apply the prohibition of direct transaction with a client by an authorized broker, etc. of a opening business, it should be premised upon the fact that an authorized broker, etc. of a opening business was requested by the client, in advance (see Supreme Court Decision 2005Do4494, Oct. 14, 2005). The defendant and his defense counsel asserted as follows:

The defendant does not have any receipt of a request from F for brokerage.

F around October 2014, around 2014, the F delivered this intention to G, who is a string for purchasing apartment commercial buildings.

Mad itself has been seeking investment sources

G divided the Defendant’s fly relationship with respect to the commercial buildings, etc. to be able to be purchased by finding the Defendant’s office by a private broker, and the Defendant also expressed that “F is also finding commercial buildings to be purchased.”

Since then, the Defendant sent G a text message on the off-gu Seongbuk-gu D Apartment Building E, Seocheon-gu, the sale of which was made by himself, and G sent it to F.

Since then, F visited the defendant's office to ask for the present situation of apartment commercial buildings, and the defendant explained to F about D commercial buildings sold to him.

F Around October 30, 2014, around 30, 2014, F purchased from the Defendant (a witness F and G respective legal statements);

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