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(영문) 수원지방법원 2016.05.17 2015구합66647
공인중개사 자격취소처분 취소
Text

1. The Defendant’s disposition to revoke the qualification of a licensed real estate agent against the Plaintiff on July 10, 2015 is revoked.

2. Of the costs of lawsuit.

Reasons

1. Details of the disposition;

A. On March 8, 2005, the Plaintiff registered the establishment of the instant brokerage office (hereinafter “D Licensed Real Estate Agent Office”) with the location of 121st floor of the first floor of the building C in Seongbuk-gu, Sungnam-si, Sungnam-si, as a licensed real estate agent licensed as a licensed real estate agent.

B. On August 17, 2014, the Intervenor entered into a sales contract with the content that he sells the instant apartment E apartment 101 Dong 2303 (hereinafter “instant apartment”) to F and G (hereinafter “instant sales contract”).

C. On September 26, 2014, the head of Seongbuk-gu branch office violated Article 26(1) of the Licensed Real Estate Agents Act by failing to prepare and deliver a contract document in the process of mediating the instant sales contract, thereby violating Article 26(1) of the Licensed Real Estate Agents Act.

On April 20, 2015, the head of Sung-nam Branch issued a disposition of suspension of business on January 15, 2015 pursuant to Article 39(1)7 and 9 of the Licensed Real Estate Agents Act against the Plaintiff on the ground that “The Plaintiff, upon entering into the instant sales contract, failed to sign and seal the contract document and the confirmation specifications of the object of brokerage, thereby violating Articles 25(4) and 26(2) of the Licensed Real Estate Agents Act.”

E. The Defendant notified the head of Seongbuk-si branch office of the Plaintiff’s violation of the Licensed Real Estate Agent Act in relation to the conclusion of the instant sales contract. Accordingly, the Defendant, upon entering into the instant sales contract, ordered H to act as a broker by signing and sealing a sales contract and a description verifying the object of brokerage on his/her behalf, signed and sealed the sales contract and a description verifying the object of brokerage on his/her behalf. On July 10, 2015, the Plaintiff violated Article 7(1) of the Licensed Real Estate Agent Act by reason that the Plaintiff violated Article 35(1)2 of the same Act.

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