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(영문) 광주지방법원 2016.09.23 2016고단1318

임대주택법위반

Text

The defendant shall be innocent.

Reasons

1. The Defendant, as a person operating a limited company D (hereinafter “non-party company”) and operating a leasing business, purchased the 2nd, 3nd, 4th, and 1564 units of apartment units E-gu, Gwangju-gu, Gwangju-gu, and the 1,564 units of apartment units and succeeded to the status of rental business operators, which were constructed with funds from the National Housing Fund from the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) from around 2005 to around 2006.

Around June 5, 2014, the Defendant: (a) the fact in the above E apartment was that the Korea Land Trust Co., Ltd., a former rental business operator, submitted a conversion report for sale in lots with some lessees prior to the expiration of the rental obligation period; and (b) there was no procedure for preferential conversion for sale in lots to lessees; (c) so, if E apartment was converted for sale in lots after the expiration of the prescribed period of time, the Defendant submitted a conversion plan for sale in lots of rental housing to the competent government agency, which is to be converted for sale in lots, to the lessee; (d) but (e) instead, without implementing such procedure, entered into an entrustment contract with the sale in lots;

As a result, the Defendant, as a rental business operator, sold public rental housing after the lapse of the mandatory rental period, and converted rental housing to a lessee first in violation of the regulations.

2. Determination

A. The basic facts acknowledged by the record are as follows.

On September 31, 1999, 2nd E-2nd on September 17, 1996, the expiration date of the mandatory rental period for the recruitment of occupants, and on September 30, 2005, 20 on September 30, 2005, E-3nd on November 21, 200, 200 on December 425, 200, 200, E-4nd on December 31, 2005, E-4nd on October 1, 2006, E-4nd on December 31, 2005, 2005, E-4nd on December 1, 2006, 200, and 3nd E-Gu (hereinafter “the implementer”). < Amended by Presidential Decree No. 173505, Apr. 15, 2005; Presidential Decree No. 17406, Oct. 26, 2005>