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(영문) 의정부지방법원 고양지원 2017.07.13 2016고정1166

건축물의분양에관한법률위반

Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A was delegated with the sale of “D” buildings located in “D” in “D” at the time of strike from “B” corporation to “B”.

Where sellers of buildings in units intend to sell buildings in units, they shall report to a permitting authority.

Nevertheless, on March 21, 2016, the Defendant did not report to the competent authorities, and sold D's "D" buildings in D's office located on the second floor of E's building at D's office at the time of strike.

2. Defendant B, a corporation, committed an act as described in paragraph (1) with respect to its business.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against F and Defendant A;

1. Statement of the police statement related to G;

1. A written accusation;

1. A prior promise for sale;

1. The defendant asserts to the effect that the application form for designation of the number of officetels units (the defendants merely made an offer for sale at the above date and cannot be seen as a sale in lots.

The purpose of Article 2 subparag. 2 of the Act on the Sale of Building Units is to stipulate that “the sale of all or part of buildings constructed by a seller for sale to not less than two persons” is “the sale of buildings to be constructed by a seller for sale,” and Article 1 of the Act provides that “the sale of buildings shall ensure transparency and transaction safety in the sale process of buildings and contribute to the protection of persons who are sold in lots and the sound development of the national economy by prescribing matters concerning the sale procedure and method of buildings.” The above Act provides that the sale process of buildings shall be subdivided into a report of sale, acceptance of a report of sale, announcement of the sale, advertisement of sale, public offering, subscription, announcement of subscription, announcement of sale in lots, and conclusion of sale in lots, and the sale contract shall be subdivided into a report of sale in lots, acceptance, advertisement of sale in lots, lot, selection and sale in lots, etc., and it strictly regulates the process related to sale in lots, such as where a report of sale in lots is not made or a report of sale in lots is made by