건축물의분양에관한법률위반
Defendants shall be punished by a fine of three million won.
Defendant
A shall be KRW 100,000 if a fine is not paid.
Punishment of the crime
Defendant
B A Co., Ltd. is a corporation engaged in real estate development business in Jinju-si, and the defendant A is a person working in the position of the head of the development project team of the above B Co., Ltd. on August 24, 2015; the defendant A is a general manager related to the construction and sale of the "G building" permitted as a site area 1,256.4m2, building area 8,76.47m2, building area 8,75.94m2, underground 2m2, ground 9m2, 1m2, building use 1,200, and accommodation facilities.
(a) A seller of a building in units shall report to the competent permitting authority, such as the Mayor, when he/she intends to sell the building;
Nevertheless, on January 10, 2015, the Defendant entered into a contract for the designation of a room of KRW 736,460,000 for the total sale price to the buyer H and I of the above G building (area 124.85 square meters), and sold the building without filing a report for sale, such as receiving KRW 10 million as the down payment.
2) The seller of buildings in units must select persons eligible for parcelling-out by open lottery from among the applicants for parcelling-out according to the advertisement for parcelling-out.
Nevertheless, the defendant selected a person to be sold without following the method of open drawing, such as entering into a contract for the designation of a heading room, at the same time and place as the above paragraph.
3) Where sellers of buildings in units intend to modify designs prescribed by Presidential Decree, which may seriously affect the interests of buyers of buildings in units, such as increase or decrease in the size of buildings or in the number of floors, before approval for use of buildings in units, they shall obtain the consent of all buyers of buildings in units.
Nevertheless, on October 12, 2016, the Defendant changed the use of part of the third floor (366.61 square meters) and fourth floor (366.61 square meters) of the above building to the amusement facilities in neighboring neighborhood living facilities and changed the permitted matters without the consent of the purchaser.
B. Defendant B Co., Ltd. is the Defendant’s business at the same time and place as the above “paragraphs 1, 2, and 3”.