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(영문) 수원지방법원 2013.09.05 2013고정1699

임대주택법위반

Text

Defendant

A shall be punished by a fine of KRW 12 million, by a fine of KRW 20 million, by a fine of KRW 20 million, and by a fine of KRW 4 million.

Reasons

Punishment of the crime

Defendant

C is a rental business operator who entered into a lease agreement with the public rental apartment in the ethic City of Gyeonggi-do, and the defendant A and the defendant B are real estate brokers.

A lessee of a rental house may not transfer the right of lease to another person, unless justifiable grounds, such as working, disease treatment, and occupation, occur after he/she actually moves into a rental apartment, and no person shall arrange such transfer.

1. In January 2006, the Defendant: (a) transferred the passbook of subscription savings to a person whose name was unknown at the beginning of January 2006, and (b) transferred the passbook of subscription savings, and (c) concluded a lease contract under the name of the Defendant, and (d) transferred the right of lease to a person designated by the same person thereafter.

Accordingly, around January 6, 2006, the Gyeonggi-do City Corporation and E-building 804 1003 entered into a lease contract with the Defendant under the name of the Defendant, and around December 2, 2009, the Housing Management Corporation entered into a "contract on the succession of rights and obligations" with the purport that the transferee F succeeds to all of the rights and obligations regarding the right to lease of the above apartment in spite of the absence of justifiable grounds for transfer at the Sungdong District Lease Center Co., Ltd., the Housing Management Corporation,

2. The Defendant: (a) around October 2005, the Defendant: (b) transferred KRW 3 million to G; and (c) had G enter into a lease agreement with the Korea Land and Housing Corporation and H building 507 Dong 802; and (d) had G take over all documents that can transfer the right of lease; (b) around December 20, 207, the Defendant arranged for the transfer of the right of lease to B, a real estate broker, upon receiving KRW 30,80,000,000 from the above apartment model housing model house, Osan-I, and transferred the said documents to another person.

3. Defendant B

A. On April 2008, the Defendant: (a) on K Real Estate in the JJ of Sungsung-si around 2008, the real estate business entity L with a premium of KRW 49.8 million; and (b) on H building apartment.