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(영문) 서울중앙지방법원 2014.12.04 2014노2878
공인중개사의업무및부동산거래신고에관한법률위반
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

Summary of Grounds for Appeal

On or around June 15, 2013, the Defendant: (a) brokered a contract (hereinafter “instant contract for acquisition by transfer of rights”) to acquire all the goodwill and facilities of the instant Institute of Public Notice from the J (hereinafter “instant Institute of Public Notice”); (b) on or around June 27, 2013, the Defendant was aware of the fact that he/she arranged a lease contract for the instant Institute of Public Notice (hereinafter “instant lease contract”) between the lessor, Taesung-Se Co., Ltd., and lessee and EF on or around June 27, 2013; (c) the lower court erred by misapprehending the legal doctrine, or by misapprehending the legal doctrine, thereby convicted the Defendant.

Judgment

A person who intends to engage in brokerage business of the facts charged of this case shall register the establishment of a brokerage office to the head of a Si/Gun/Gu having jurisdiction over an area where he/she intends to establish a brokerage office as prescribed by Ordinance

Nevertheless, the Defendant, without registering the establishment of a brokerage office with the competent authority on June 15, 2013, arranged a contract for acquisition of rights and a lease agreement with E and F in 160,000 won to E and F, at a coffee shop where the name located in Mapo-gu Seoul Metropolitan Government Joint Organization is unknown, and operated a unregistered brokerage business after obtaining 2,00,000,000 won from E and F as a consulting service fee at a place where it is unknown on June 27, 2013.

The lower court rendered a conviction against the Defendant by taking account of the evidence presented in its judgment.

The business of a licensed real estate agent and the brokerage business of the Act on the Report of Real Estate Transactions in the Act on June 15, 2013 concerning the mediation of the acquisition of rights of this case on June 15, 2013 refer to the business of acting as a broker for a certain remuneration at another person's request; and the brokerage refers to an object of brokerage as provided in Article 3 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act.

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