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(영문) 서울행정법원 2014.08.22 2013구합57440
불합격처분취소
Text

1. The plaintiff W, X, and Y's lawsuit shall be dismissed.

2. Plaintiffs A, B, C, D, E, F, G, H, H, J, K, L, M, N,O, P, Q, Q, T, T, U, and V.

Reasons

1. Details of the disposition;

A. On October 28, 2012, the Defendant divided the qualifying examination for licensed real estate agents on December 23, 2012 into the first test and the second test (hereinafter referred to as “the second test,” and collectively referred to as “the first test”). On the same day, the Defendant conducted the first test in sequence.

The subjects of the examination of this case are as follows, and 40 points out of 100 points per subject are 2.5 points per subject.

The first examination of real estate (including the second examination of real estate appraisal) - The theory of real estate science (including the theory of real estate appraisal) - the Civil Act (excluding the juristic act among the general provisions, the Act on Real Rights except for pledges, the Act on Contracts, the General Provisions, the Trade, Exchange and Lease) and the Regulation on Real Estate Brokerage among the Special Civil Act - Acts and subordinate statutes and the practice of brokerage concerning the duties of licensed real estate agents and reports of real estate transactions - Acts and subordinate statutes concerning real estate transactions and the practice of brokerage - Acts and subordinate statutes concerning the public announcement of real estate (the Registration of Real Estate Act, the Land Survey, Waterway Survey and Cadastral Records Act, the Act on Land Survey and Cadastral Records, the Building Act, the Housing Act and the Farmland Act) - The provisions concerning the real estate brokerage in the Real Estate

B. The defendant shall obtain at least 40 points in each subject and an average of at least 60 points in all subjects from among the applicants for the examination of this case. The second examination points for those who have failed to pass the first examination shall be null and void, and those who have passed the first examination shall be exempted from the next first examination only once.

C. The examination issue of this case was set up in a way that misleads the most suitable answer among the five answers presented for each issue.

The plaintiffs applied for the instant examination. The plaintiffs A, B, C, D, E, F, G, H, K, M, P, Q, Q, R, T, U, and V received mother points on the first test passing date. The plaintiffs J, L, N, andO passed the first test, but the defendant received mother points on the second test passing date.

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