주택법위반
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The summary of the facts charged in the instant case is as follows: “The Defendant, from January 1, 2007 to December 31, 2010, as the president of the council of occupants’ representatives of 15 Dong-dong, Busan-dong, 901, the 15th unit of the 15th unit of the 15th unit of the 1,901 unit of the 15th unit of the 1901 unit of the 30th unit of the 15th unit of the 2008 unit of the 15th unit of the 2008 unit of the 10th unit of the 200 unit of the 23th unit of the 200 unit of the 20th unit of the 200 unit of the 20th unit of the
2. Determination
A. The key issue of the instant case is whether the Defendant’s entering into a contract as described in the facts charged in the instant case can be deemed to have performed the head of the management office’s duties, and the purport of the Housing Act that punishs a person who performs his/her duties without a housing manager’s qualification is to conduct apartment management by a person with expertise and responsibility (see Supreme Court Decision 2011Do6788, Dec. 22, 2011). Therefore, it should be recognized that the Defendant actually performed the duties of the head of the management office by excluding the head
B. According to the evidence duly adopted and investigated by the court, each of the instant contracts was determined by the resolution of the council of occupants by the council of occupants, and concluded by the head of the management office who is qualified as a housing manager after the contract was signed and sealed by the defendant, and the other party to the contract was mainly established. There were many cases where the council of occupants' representatives was printed in the area of the party to the contract, and the other party to the contract needs to conclude a contract with the council of occupants' representatives
C. Accordingly, according to this, it is possible.