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(영문) 서울중앙지방법원 2013.11.20 2013고정4494
공인중개사의업무및부동산거래신고에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 500,00, and by a fine of KRW 1,500,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

B is a broker who has received a registration certificate of establishment of a brokerage office from the head of Seoul Gangnam-gu Seoul Metropolitan Government on January 17, 2013, and is the representative of the E Licensed Real Estate Agent Office in Gangnam-gu Seoul Metropolitan Government D1, and the defendant A works as a brokerage assistant at the same office.

1. Defendant B

(a) A person who intends to run a brokerage business shall register the establishment of a brokerage office with the head of the registration authority having jurisdiction over an area where he/she intends to establish a brokerage office under the conditions as

Nevertheless, on January 7, 2013, the Defendant arranged a monthly rent contract between F and H with respect to multi-household housing (area 33.68 square meters) in Gangnam-gu Seoul Metropolitan Government G 303 square meters (area 33.68 square meters) owned by F without registering the establishment with the head of the registration authority at the above E Licensed Real Estate Agent Office on January 7, 2013, and operated a real estate brokerage business after being issued KRW 30

(b) No broker shall allow another person to render brokerage services using his/her name or trade name, or transfer or lend his/her brokerage office registration certificate to another person;

Nevertheless, on February 26, 2013, Defendant B lent the registration certificate of his/her brokerage office to April 16, 2013 in the E Licensed Real Estate Agent Office operated by Defendant B so that A, a brokerage assistant, can render brokerage services using his/her name.

2. Defendant A, upon borrowing the registration certificate of his/her brokerage office from B as above, worked as an intermediary assistant at the above E Licensed Real Estate Agent Office. On February 26, 2013, at the above brokerage office, Defendant C rendered brokerage services three times in total by March 14, 2013, including arranging a lease contract between I and B for multi-household 101, Gangnam-gu, Seoul Special Self-Governing Province 101, which is owned by I, at the above brokerage office.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the Acts and subordinate statutes of each contract.

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