공인중개사시험의 출제위원 위촉과 문제 선정 등 실무책임을 담당한 자에게 출제위원으로 위촉된 자들이 발간한 수험서적이나 특강자료 등을 조사.수집하여 문제편집위원들에게 제공함으로써 그러한 자료에 수륵된 것과 동일, 유사한 문제가 선정.출제되는 것을 방지해야 할 주의의무를 게을리 한 과실이 있으나 이러한 과실과 불합격자들의 불합격과의 사이에 인과관계가 인정되지 않는다고 한 사례

Article 750 of the Civil Code, Article 2 of the State Compensation Act

Gowondo et al. and one other

Republic of Korea and one other

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

The defendants shall jointly and severally pay 9,660,000 won to each of the designated parties listed in the attached list and 25% interest per annum from the following day of service of the copy of the complaint of this case to the full payment day.

1. Basic facts

The following facts may be acknowledged, either in dispute between the parties or in accordance with Gap evidence 8,17,18,20,26,27 and Eul evidence 1 to 6, by integrating the whole purport of the pleadings:

A. Each of the designated parties listed in the separate sheet (hereinafter “the designated parties”) applied for the sixth licensed real estate agent examination conducted on November 10, 191 (hereinafter “the instant examination”), and passed the first examination, but failed in the second examination. Defendant Kim Jong-sung was an affiliated agency of the Defendant Republic of Korea, and was in charge of practical affairs, such as the selection of members in charge of the instant examination, editing of examination issues, etc.

(b) The examination of licensed real estate agents shall be conducted by dividing it into the first and second examinations, and only the persons who have passed the first examination shall conduct the second examination, and also the second examination of those who have failed to pass the first examination shall be null and void if the first and second examinations are conducted at the same time.

C. The first examination of a licensed real estate agent is to determine the number of successful examinees in braille, taking into account the test results and number of successful examinees, among those who obtain at least 40 points in each subject out of 100 points, including three subjects, including real estate science, real estate law, civil law, and special civil law, and obtain at least an average of at least 60 points in all subjects. The second examination is to determine the number of successful examinees in braille, taking into account the test results and number of successful examinees, among those who obtain at least 40 points in each subject out of 100 points in all subjects, including real estate brokerage and brokerage practices, Acts and subordinate statutes related to real estate disclosure, and real estate-related tax laws (Article 17(2) of the Enforcement Decree of the Real Estate Brokerage Act amended on April 26, 190).

D. On September 15, 191, the above Kim Jong-sung asked questions questions questions questions questions in real estate law, each of which is the non-party 1, who is the professor of the tax department of the university in Seoul Special Metropolitan City, and the non-party 2, who is the appraiser belonging to the same appraisal corporation, as the question question question question question question question question question question question question question question question questions in the examination of this case. On October 8 of the same year, the above Kim Jong-sung asked questions questions questions questions to the question question question question question questions, a written pledge, the examination questions card, and a written oath from the 22 questions question question questions each by November 1 of the same year.

E. The Minister of Construction and Transportation appointed five persons, such as the non-party executive secretary, the non-party executive secretary, the non-party executive secretary, and the non-party executive secretary, appointed them as examination editing members, and had them select and edit 200 problems for each item among the problems that were submitted from the above examiners, among the problems that were submitted from the above examiners, while the liaison with the outside in the overcheon Tourist Hotel located in the City from November 2 to April of the same year with the outside.

F. On November 4, 1991, the Minister of Construction and Transportation distributed to the head of each Si/Do public notification system one of the above-mentioned questions, printed them on the 10th of the same month by each Si/Do, and had the 10th of the 10th of the same month conduct the 2nd of the 3th of the 1991 in the P.m., among the applicants of the instant examination, the 40 to 3th of the 3rd of the 3rd of the 1st of the 3rd of the 3rd of the 1991, the 40 to 2nd of the 3rd of the 3rd of the 1991, the 1,798 final successful applicants who acquired 40 to 2nd of the 3rd of the 1,791, and the 1,798th of the 10th of the 3rd of the 191.

2. Determination as to the plaintiffs' claims

A. The plaintiffs' assertion

The plaintiffs neglected to perform thoroughly the security and supervision of examination information for the fair implementation of the examination, and commissioned non-party 1, 2, and 3 as an instructor of a private teaching institute in the past as an instructor of the examination examination, and commissioned non-party 2 as an examiner of the examination committee, and non-party 8, non-party 3, non-party 9, and non-party 1 among the second examination real estate tax law issues, non-party 7, among non-party 6 examination problems, were leaked to the members of the management research institute through the special examination and practical examination of each of the above management research institutes, and the non-party 6, non-party 2, non-party 6, non-party 7, non-party 7, and the above non-party 2, non-party 6, non-party 7, non-party 5, and the above non-party 6, non-party 6, non-party 7, who was aware of the above examination problems, were selected to have been removed from the examination examination examination examination examination examination results.

(b) Fact of recognition;

The following facts can be acknowledged by adding up the whole purport of the pleading to the statements in Gap evidence 1 through Gap evidence 21, Gap evidence 23, 24, Gap evidence 27 through Gap evidence 29, Eul evidence 1 to Eul evidence 6.

(1) The above Kim Jong-sung referred to the list of major professors according to the subjects of the examination under the "List of University Faculty Members" issued by the Korean Federation of Faculty Members, among relevant experts such as university professors, research institute researchers, class 4 or higher-class public officials, and appraisers, and decided to select experts from among those who were not selected as members of the pre-examination questions, and selected 22 members of the pre-examination questions, including Nonparty 1 and 2, in accordance with the above criteria.

(2) On September 15, 191, Nonparty 1 and Nonparty 2 received a request from Nonparty 1, who is a specialized publishing company of licensed real estate qualification examinations from the above Kim Jong-gun, who was commissioned as a member of the examination committee, and consented thereto, and Nonparty 2 received a request from Nonparty 1, who is a specialized publishing company of licensed real estate qualification examinations. Nonparty 2, in his own name, made objective 120 questions, such as real estate methods, which had already been published by the above management cultural center, and issued the above-mentioned 20 teaching materials, referring to the above-mentioned 20 teaching materials, referring to the above-mentioned 20 teaching materials, referring to the real estate tax law, which was published by the above management cultural center, and 30 days from September 17, 191 to September 19 of the same month. Nonparty 1 also issued the above 20-day special teaching materials to Nonparty 1, a graduate school student of Seoul National University, and 20-day 207.

(3) The above Kim Jong-ro notified the members who have generated the special lectures at the time of the above special lecture that they were selected as examiners for the examination of this case, and then analyzed the frequency of setting questions for each subject of the real estate agent examination from 1 to 5 times, and used the examination teaching materials published by the above management cultural institute and the examination materials and the examination materials published by Nonparty 2 and Nonparty 1's special lecture house, etc., and sent them to the members of the management cultural institute for about 3 days from October 25, 191.

(4) Around October 14, 191, Nonparty 2 submitted 40 questions based on the aggregate of the special lecture of the real estate law and the latest statute published by the construction department. Nonparty 1 received a request for setting questions from the construction department on the same day, and Nonparty 1 received a request for setting questions from the construction department, and submitted 40 of the special lecture issues related to the above real estate tax law, which were urged by the construction department after being urged by the construction department after being urged by the construction department on October 22, 191, and submitted 40 of the above special lecture issues related to the above special lecture, which were the same as the above special lecture, and 30 of them were similar.

(5) However, the preparation guidelines issued by Nonparty 2 and Nonparty 1, together with the preparation request, are to prevent the preparation of problems identical or similar to the recently published various examination questions, etc., and the above written oaths prepared by the same persons with their approval for the preparation, contain the contents that make all the words that interfere with fair examination management, such as revealing the fact that they are commissioned as members of the examination committee, revealing the fact that they are commissioned as members of the examination committee, disclosing the preparation questions, and preparing questions directly related to the preparation questions, and preparing questions, etc.

(6) Examining the 200 questions of this case, among the 13 questions of real estate public law, the 13 questions of this case were selected and drawn up, and 4 problems similar to the 13 questions of this case, among the 13 questions of real estate public law, are the same as the 5 issues of the 1st examination of this case among the tax law issues related to the 2nd examination of this case, and 2 similar issues were selected and drawn up.

(7) At the time of the selection of the above problem, the above Kim Jong-sung did not investigate, collect, and provide various examination records published recently to the above problem editors with trust in the form of the above planners.

(8) The number of successful applicants for the instant examination was determined in accordance with Article 17(2) of the Enforcement Decree of the Real Estate Brokerage Act, taking into account the supply and demand situation of licensed real estate agents and the pertinent experts’ opinions, and taking into account the fact that successful applicants for each Si/Do are equally distributed at the lower ratio of successful applicants for each city/Do, based on the lower ratio of successful applicants for each city/Do.

(c) Markets:

(1) According to the above facts, the above Kim Jong-sung commissioned Nonparty 1 and 2 as a member, and the Minister of Construction and Transportation did not err in selecting and publishing persons who have acquired more than 70 points of the second-stage examination of this case as a final successful candidate. However, even though it is impossible to provide all the materials related to the recent published examination books to the above problem editors, even though it is impossible to provide the above problem editors with all the materials related to the examination books such as commission of the members preparing the examination of this case and the selection of problems, it is not negligent in doing so.

(2) However, according to the above defendant's negligence and Gap evidence No. 25 as to whether there is a causal relationship between the above defendant's failure to pass the examination of this case, the plaintiff's assertion is without merit, even though the second examination record of the above Appointor was found to have been distributed between the highest 58.75 and the highest 68.75 points. However, it is not sufficient to recognize that the above Appointor would have passed the examination of this case if he did not set up the questions identical or similar to the above special lecture problem house, and there is no other evidence to acknowledge that it would have passed the examination of this case. It is not necessary to further examine the remaining points.

3. Conclusion

Therefore, all of the plaintiffs' claims of this case are dismissed as it is without merit, and it is so decided as per Disposition (attached Form omitted).

Judges Jeon-soo (Presiding Judge)