택지개발촉진법위반
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. A person supplied with a housing site created pursuant to the facts charged shall not resell the housing site as it is without using it for the purpose of its supply until completing the registration of ownership transfer;
On January 5, 2015, when the Defendant was selected as a person eligible for the supply of the migrants housing site within the development project zone as part of the measures for compensation of migrants by the previous residents following the B public housing zone development project, the Defendant sold the right to sell the migrants housing site within the Gyeyang-gu Seoul Metropolitan Government B public housing zone at the cost of KRW 120 million in the purchase price to be acquired by the Defendant in the future between Jyang-gu and D around July 17, 2015, and reselled the housing site before obtaining KRW 120 million on the same day.
2. Article 19-2(1) of the Housing Site Development Promotion Act (hereinafter “Act”) provides that “A person who is supplied with a housing site created under this Act shall not resell (including change of name, sale, and all other acts accompanying change of rights, but excluding inheritance; hereinafter the same shall apply) the housing site as it is without using it for the purpose of supply thereof until the registration of ownership transfer: Provided, That in cases prescribed by Presidential Decree, such as housing construction sites supplied for relocation measures, etc., the main sentence may not apply; hereinafter the same shall apply), and Article 31-2 of the Act provides that “A person who resells the housing site in violation of the foregoing provision shall be punished by imprisonment for not more than three years, by a fine not exceeding KRW 100 million.” It is clear that “a person who is supplied with the housing site” under
According to the evidence duly adopted and investigated by this court, the defendant applied for the supply of migrants housing sites to the head of the high development project headquarters of the Korea Land and Housing Corporation around January 23, 2015 in relation to the B public housing zone housing site development project implemented by the Korea Land and Housing Corporation, and was selected as the subject of the first relocation measures around June 24, 2015, and the defendant.