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(영문) 서울고등법원 2019.08.28 2018누70686
공인중개사법위반 업무정지처분취소
Text

1. Revocation of the first instance judgment.

2. The Defendant’s disposition of 15 days of business suspension rendered to the Plaintiff on May 8, 2018 shall be revoked.

3...

Reasons

1. The reasons why the court should explain this part of the disposition are the same as the part of the "1. Circumstances of the disposition" stated in 2-3 of the judgment of the court of first instance, except for the corresponding part of the judgment of the court of first instance as follows. Thus, this part of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

3 The 3th line "Evidence 1, 3, and 4 of the A" shall be raised with "Evidence 1, 3, 4, and 5 of the A".

2. Whether the instant lawsuit is lawful (ex officio determination)

A. Legal doctrine 1) The effect of a decision to suspend execution under Article 23 of the Administrative Litigation Act continues to exist until the time specified in the decision, and its effect becomes naturally extinct at the time specified in the decision. Thus, in a case where the court, in the disposition of suspension of business of the administrative agency which ordered the suspension of business for a certain period, rendered a decision to suspend the validity of the disposition by the time specified in the order of suspension of business until the rendering of a judgment on the merits of the lawsuit pending in the court, the continuation of the period specified in the disposition is prevented until that time, and at the same time, the period of suspension (if the previous decision was made in part at the time of the decision to suspend business as a matter of course, the remaining period) which was determined in the initial disposition after the restoration of the validity of the disposition as a matter of course (see, e.g., Supreme Court Decision 98Du14471, Feb. 23, 199).

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