CONTENTS
- 1. The Reason for Visiting the Gunsan Law Office
- - The Background of the Case Revealed Through Consultation With the Gunsan Law Office
- - Punishment for Violation of the Licensed Real Estate Agents Act, as Explained by the Gunsan Law Office
- 2. Gunsan Law Office: “The Complainant Filed the Complaint Against the Defendant After the Market Price Fell Following the Contract”
- - Gunsan Law Office: The Complainant Demanded That the Defendant Return All Amounts Already Paid
- - Gunsan Law Office: The Defendant Acknowledged the Brokerage Work and Is Sincerely Reflecting on His Conduct
- 3. The Court, Accepting the Gunsan Law Office's Arguments, Sentenced the Defendant to a Fine
1. The Reason for Visiting the Gunsan Law Office
The client who visited the Gunsan law office stated that a problem had arisen after proceeding with a contract relating to a sales-rights certificate with the complainant.
The client confided to the Gunsan law office that, after the contract, the market price of the real estate fell, and the complainant, harboring a grudge over this, proceeded with the complaint.
The Background of the Case Revealed Through Consultation With the Gunsan Law Office
The background of this case, as revealed through consultation with the Gunsan law office, is as follows. In fact, the client was an employee of a licensed real estate brokerage, and the issue was that he had used the company's trade name.
At the time of the initial contract, the client stated that he had mentioned the company's trade name in order to give the complainant a sense of trust.
Ultimately, because the complainant proceeded with a complaint for violation of the Licensed Real Estate Agents Act, the client ended up standing trial.
Punishment for Violation of the Licensed Real Estate Agents Act, as Explained by the Gunsan Law Office
Together with the Gunsan law office, we will review the statutes on punishment for violation of the Licensed Real Estate Agents Act relevant to this case.
Licensed Real Estate Agents Act
Article 19 (Prohibition of Lending of a Brokerage Office Registration Certificate, etc.) (1) A practicing licensed real estate agent shall not allow another person to engage in brokerage business using his/her name or trade name, nor transfer or lend his/her brokerage office registration certificate.
②No person shall engage in brokerage business using another person's name or trade name, nor acquire or borrow another person's brokerage office registration certificate and use it.
Article 49 (Penal Provisions) (1) Any person who falls under any of the following shall be punished by imprisonment for not more than one year or a fine not exceeding ten million won.
7. A person who, in violation of Article 19 (1) or (2), allows another person to engage in brokerage business using his/her name or trade name, or transfers or lends a brokerage office registration certificate to another person, or who engages in brokerage business using another person's name or trade name, or acquires or borrows another person's brokerage office registration certificate
2. Gunsan Law Office: “The Complainant Filed the Complaint Against the Defendant After the Market Price Fell Following the Contract”
Through thorough consultation with the client, Daeryun Law Firm's Gunsan law office formed a team of attorneys made up of multiple professionals experienced in cases involving violation of the Licensed Real Estate Agents Act.
Daeryun's team of attorneys stated that the complainant had filed the complaint after the market price fell following the contract with the defendant.
The team further emphasized that the defendant acknowledged having conducted brokerage work using another person's name or trade name, and was reflecting on his conduct.
■ The defendant was performing duties as an employee of a licensed real estate brokerage.
■ It was confirmed that the defendant had used the company's trade name while conducting a transaction between individuals.
■ The complainant did not take issue with this aspect at the time of the transaction with the defendant, but after the market price of the real estate fell following the transaction, he harbored a grudge and proceeded with the complaint.
Gunsan Law Office: The Complainant Demanded That the Defendant Return All Amounts Already Paid
The Gunsan law office stated that the complainant, taking issue with the fall in the real estate market price, was demanding that the defendant return all amounts already paid. The office further emphasized that there was no problem with the contract between the defendant and the complainant.
Gunsan Law Office: The Defendant Acknowledged the Brokerage Work and Is Sincerely Reflecting on His Conduct
The Gunsan law office emphasized that the defendant had admitted to conducting brokerage work using the company's trade name as an employee of a licensed real estate brokerage.
In addition, the office stated that the defendant was sincerely reflecting on this case and was resolving not to commit the same offense again.
3. The Court, Accepting the Gunsan Law Office's Arguments, Sentenced the Defendant to a Fine
Accepting the arguments of Daeryun Law Firm's Gunsan law office, the court rendered a judgment that “the defendant shall be punished by a fine of three million won.”
The Gunsan law office conducted thorough consultation with the client and prepared a strategy to defend against the charge in this case.
As a result, although the client had violated the Licensed Real Estate Agents Act, he was sentenced to a light fine.
Daeryun LLC operates specialized groups for each field of cases.
As in this case, when multiple fields such as criminal matters and construction and real estate are involved, collaboration takes place between the groups.
If you need legal assistance, we suggest visiting Daeryun for a consultation. Daeryun provides legal services through its one-stop system.
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