1. The Defendant’s disposition of business suspension (period from February 26, 2018 to May 25, 2018) that was rendered against the Plaintiff on January 31, 2018 shall be revoked for three months.

1. Details of the disposition;

A. On March 14, 2017, the Plaintiff was a person who opened a real estate brokerage office, and on May 14, 2017, the seller B and the buyer C arranged a sales contract for the right to sell the balcony-gun Apartment-gun apartment unit E, Chungcheongnam-gun, and the Plaintiff determined the amount to be multiplied by the rate of commission when calculating the brokerage commission, and the Plaintiff is required to add KRW 794,00,000 to the balcony extended construction contract deposit paid by the seller in addition to the purchase price. However, by calculating the total cost of balcony extended construction by mistake including the total cost of KRW 7,940,060,000, the brokerage commission was paid in excess of the sales commission.

B. Accordingly, on January 31, 2018, the Defendant rendered a disposition of suspension of business three months (from February 26, 2018 to May 25, 2018) on the ground that “the Plaintiff received the brokerage commission in excess, thereby violating Articles 32 and 33 of the Licensed Real Estate Agents Act, and Article 25 of the Enforcement Rule thereof.”

C. On February 13, 2018, the Plaintiff filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission. However, on March 28, 2018, a ruling dismissing the Plaintiff’s claim was issued.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 7, Eul evidence Nos. 1, 5 and 10, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the Plaintiff received more than the brokerage commission stipulated by the law is acknowledged, but the Plaintiff received more than the smaller amount by calculating the balcony expansion construction cost in calculating the brokerage commission. Therefore, the Plaintiff cannot be deemed to have violated Articles 32 and 33 of the Licensed Real Estate Agents Act.

Even if a violation may be recognized, the instant disposition constitutes excessive deviation and abuse of discretionary power.

B. (1) The imposition of sanctions against violations of administrative laws and regulations is a sanction that leads to the objective fact of the violation of administrative laws and regulations in order to achieve administrative purposes. Thus, it is not a real offender, but a law and regulations.