1. The Defendant’s disposition of suspending business against the Plaintiff on May 16, 2016 is revoked.

2. The costs of lawsuit shall be individually counted.

1. Details of the disposition;

A. The Plaintiff is a real estate broker operating the “C Real Estate Brokerage Office” in Daegu-gu, Daegu-gu B.

B. On July 7, 2014, the Plaintiff arranged a real estate lease contract between the lessor D and the lessee in the Republic of Korea (hereinafter “instant real estate”) with 1,400,000 won and 1,400,000 won per month (hereinafter “instant brokerage”), and 1,400,000 won by the lessor.

C. On May 16, 2016, the Defendant rendered the instant disposition of suspending business pursuant to Articles 39(1)11 and 32 and 33 subparag. 3 of the former Licensed Real Estate Agents Act on the ground that the Plaintiff was paid in excess of the brokerage commission prescribed by the former Licensed Real Estate Agents’ Business Affairs and Report of Real Estate Transactions Act (amended by Act No. 12374, Jan. 28, 2014; hereinafter “former Licensed Real Estate Agents Act”).

As a result, the plaintiff filed an administrative appeal on June 27, 2016 was reduced to three months of business suspension.

【Ground of recognition】 The fact that there has been no dispute, entry in the evidence Nos. 2, 4, and 5, and the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion (1) Article 25 [Attachment 2] 12 of the Enforcement Rule of the Certified Real Estate Agents Act, which states that “any of the subparagraphs of Article 38(2) of the Act is violated once within the last one year,” and Article 25 [Attachment 2] 12 of the Enforcement Rule of the former Licensed Real Estate Agent Act provides an order for six months of business suspension. In light of the date of the instant disposition, based on the date of the instant disposition, the period of one year and ten months shall not exceed “the latest

(2) Since the statutory brokerage commission for the instant brokerage pursuant to the relevant laws and regulations without the grounds for disposition is KRW 424,200,000, there is room to view that the amount of KRW 975,800,000 received by the Plaintiff as the amount exceeding the statutory brokerage commission.

However, the lease contract of this case is special that lessee is the United States Armed Forces.