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(영문) 대법원 2013.09.26 2011도17273
공인중개사의업무및부동산거래신고에관한법률위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Article 96 subparag. 1 of the former Housing Act (amended by Act No. 9405, Feb. 3, 2009; hereinafter the same) provides that a person who violates Article 39(1) of the same Act shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 30 million won. Article 39(1) of the same Act provides that “no person shall transfer, take over, or mediate any of the following certificates or positions in order to acquire a house built and supplied under this Act or to have another person acquire a house,” and subparagraph 1 provides that “the status to be supplied with a house under Article 32, the status to be supplied with a house under Article 69, the certificate of occupants’ savings under Article 75, and the certificate or status to be provided with a house under Article 75, which are prescribed by the Presidential Decree” under subparagraph 3 of the same Article.

Furthermore, Article 43(1) of the Enforcement Decree of the Housing Act provides that “the term “the term “those as prescribed by the Presidential Decree” under Article 39(1)4 of the former Housing Act refers to one of the following subparagraphs.” Article 43(1) of the Enforcement Decree of the Housing Act provides that “a certificate of the certificate of the removal of an unauthorized building or a certificate of the scheduled removal of a building issued by the head of a Si/Gun/Gu” and “a certificate of the person subject to the relocation measures

Meanwhile, Article 39(2) of the former Housing Act provides that the Minister of Land, Transport and Maritime Affairs or a project undertaker may invalidate the status of a person who transfers or acquires a deed or status in violation of paragraph (1) of the same Article, or may cancel a housing supply contract already concluded. Article 32 of the former Housing Act provides that where a housing association is established, modified, or dissolved, it shall obtain authorization from the head of the competent Si/Gun/Gu, and the housing association may preferentially supply a house to its members

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