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(영문) 서울행정법원 2015.12.17 2015구합10094
공인중개사불합격처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On October 26, 2014, the Defendant entrusted the business of implementing a qualifying examination for licensed real estate agents by the Minister of Land, Infrastructure and Transport, and conducted a qualifying examination for licensed real estate agents on October 26, 2014 (hereinafter “instant examination”). The subjects of the said examination and standards for determining successful applicants are as follows.

1) The first examination of the subject of the examination - The first examination of real estate science (including the theory of real estate appraisal)

-The second examination of the regulations related to real estate brokerage among the Civil Act (excluding juristic acts and pledges among the general provisions, the Act on Real Estate Rights except for pledges, the General Provisions, the Act on Contracts), and the Regulation on Real Estate Transactions - Acts and subordinate statutes concerning licensed real estate agents' business and reporting of real estate transactions (Real Estate Agent Act, the Act on Real Estate Transactions and Reporting), and the practice of brokerage - Acts and subordinate statutes concerning the publication of real estate (Real Estate Registration Act, Chapter II, Section IV and Chapter III of the Land Survey and Cadastral Records Act) and the Real Estate-Related Acts and subordinate statutes - - Regulations related to real estate brokerage (the National Land Planning and Utilization Act, the Building Act, the Urban Development Act, the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Housing Act, and the Farmland Act) - the regulations related to real estate brokerage in real estate law - - the provisions related to real estate construction law (the National Land Planning and Utilization Act, the Building Act, the Urban Development Act, the Housing Act, the Farmland Act)

A person who gains not less than 40 points of each subject out of 100 points for each subject of the second examination and not less than an average of not less than 60 points in all subjects shall be a successful applicant.

For successful examinees in the first examination, only the next first examination shall be exempted.

B. As a result of the Plaintiff’s application for the instant examination, the first examination scores average of 67.5 and 59.16 points on an average of all subjects in all subjects. On November 26, 2014, the Defendant rendered a disposition of failing to pass the second examination on the ground that the second examination scores to the Plaintiff fall short of 60 points, which are the passing standard points.

(c).

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