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(영문) 서울중앙지방법원 2017.05.31 2017고단2253
주택법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

No status of being selected as an occupant of a house (referring to the status of a right, qualification, etc. to move into the house after being selected as the occupant) shall resell the status or arrange for resale before the period prescribed by Presidential Decree expires.

However, illegal resale of the right to sell lots: ① a business operator securing the right to sell lots from the persons who intend to dispose of the right to sell lots; ② a business operator securing the buyers who intend to purchase the right to sell lots; ③ a business operator connecting the above two business operators (tentatively named “transport”; ④ a business operator linking the two business operators; ④ a purchaser bears all the expenses, such as down payment and intermediate payment, entering an apartment if the right to sell lots was traded before every restriction period; however, a change in the name is possible at the end of the period of restriction on resale; and therefore, the change in the name is possible at the end of the period of restriction on resale; thus, a promissory note is issued to the seller (title) for securing the rights of the buyers; and a written contract stating “documents securing bonds”

The Gangnam-gu Seoul Metropolitan Government D apartment contract was concluded after the public announcement of the sale on July 10, 2014, the receipt of the first priority order on the 17th of the same month, the announcement of the winner on the 24th of the same month, and the apartment supply contract was made by the 29th of the same month.

Seoul Gangnam-gu apartment is also an apartment to which the virtual system for sale is applied, and the supply contract was concluded by October 1, 2014, the public announcement of sale on October 1, 2014, the receipt of the first priority order on the 7th of the same month, and the announcement of the winner on the 15th of the same month

All of the above apartments are apartments with limited resale rights for one year as of the termination date of the supply contract.

The Defendant prepared “documents securing claims,” which is a contract to use for the illegal resale of the right to sell in lots, at the “G law office” located in Seocho-gu Seoul Metropolitan Government F, and had the mind to proceed with the notarial work of document securing claims.

The defendant, on August 4, 2014, has the right to sell D apartment units 202 Dong 1104, which was won in the name of H around August 4, 2014.

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