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(영문) 대전지방법원 2017.01.18 2016고단3422
주택법위반
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The Defendant shall be a public official belonging to the Ministry of Labor and Labor.

No one shall resell the status of being selected as residents of housing subject to provisional application, among multi-family housing constructed and supplied by a project operator in a public housing site, before the lapse of the period prescribed by Presidential Decree (hereinafter referred to as "period subject to restriction on resale").

On December 20, 2012, the Defendant was selected as residents of the E 910 Dong 1201, the Defendant, as employees of the Ministry of Labor, who are agencies scheduled to move an administrative-oriented complex city, and are specially supplied by D Co., Ltd.

On December 23, 2013, the Defendant sold the status of being selected as the occupant of the above apartment to H at the seat of G Authorized Broker's Office located in Sejong City F, and at the seat of G Authorized Broker's Office, the Defendant sold the status of being selected as the occupant of the above apartment to H 39 million won.

However, the above apartment was a house which can not resell the status of being selected as an occupant of the house for one year from the date ( December 26, 2012) on which it is possible to enter into an initial housing supply contract with a house subject to the maximum price-oriented system under the Housing Act and Housing Supply Rules in a public housing site developed and developed in accordance with an administrative-oriented city construction project pursuant to the "Special Act for the Construction of a Consolidated City with Administrative-oriented in the Yeongju Regional Office for Follow-up Measures for New Administrative Capital" (hereinafter referred to as the "Special Act").

Accordingly, on December 23, 2013, the Defendant reselled the status of being selected as the occupant of the housing subject to the restriction on resale within the period of restriction on resale.

2. Determination

A. For the formation of a contract, the agreement between the parties is required to be reached, and such agreement is not required with respect to all matters that form the content of the contract in question, but there is a specific agreement with regard to its essential elements or important matters, or at least the standard and method that can specify them in the future (see Supreme Court Decision 2000Da51650, Mar. 23, 2001).

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