주택법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is reasonable to interpret the term “the date on which the first contract for housing supply can be concluded,” which is the period of restriction on sale as prescribed in Article 45-2(2) of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 27444, Aug. 11, 2016; hereinafter “former Enforcement Decree of the Housing Act”), as “the date on which the resident of a house is selected,” in light of the legislative purport of restriction on resale.
Therefore, the Defendant reselled the status of being selected as occupant on May 11, 2016, which was prior to the first day ( May 24, 2016) where the sales contract for the instant apartment is possible for the Defendant to conclude the sales contract for the instant apartment, and constitutes a case where the Defendant resells the status of being selected as occupant within the period prior to the period prescribed by the Enforcement Decree
2. Relevant provisions: Article 41-2 (Restriction, etc. on Resale of Housing) (1) of the former Housing Act (amended by Act No. 13782, Jan. 19, 2016; hereinafter referred to as the “former Housing Act”) (1) The status of housing constructed and supplied by a project undertaker as the occupant of housing or the status of being selected as the occupant of housing (the right, qualification, status, etc. selected as the occupant and able to move into the housing)
In any of the following cases, a house or status is reselld (including sale, donation, and all other acts accompanying the change of rights, but excluding inheritance) before a period prescribed by Presidential Decree within the extent not exceeding ten years elapses, and the same shall not apply to cases of inheritance:
No person shall be allowed to engage in, or arrange for, resale of an objection.
In such cases, the period of restriction on resale may be otherwise prescribed by Presidential Decree depending on the status of supply and demand of housing, concern over speculation, etc.
1. The status of being selected as an occupant of housing constructed and supplied in the overheated speculative district;
2. The housing subject to the provisional application to parcelling-out and the status of being selected as the occupant of such housing: Provided, That an area, other than the Seoul Metropolitan area under subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act (hereafter referred to as "Seoul Metropolitan area" in this Article), shall be designated as the overheated speculative district.