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(영문) 의정부지방법원 고양지원 2018.05.14 2018고단807
주택법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No housing constructed and supplied by a project undertaker or the status of being selected as an occupant of such housing (referring to the right, qualification, status, etc. to move into the housing, which is selected as a occupant of such housing) and the status of being selected as an occupant of such housing shall resell such housing or status or arrange the resale thereof before the period prescribed by Presidential Decree expires.

The housing unit B, which is the housing unit subject to the application of the sale price, was publicly announced on July 16, 2015, and was publicly announced on July 22, 2015, the receipt of special supply and the publication of the prize, July 23, 2015, the receipt of general supply priority orders on July 23, 2015, the receipt of general supply priority orders on July 24, 2015, the public announcement of general winners on July 30, 2015, the apartment supply contract was concluded from August 4, 2015 to August 6, 2015, so it shall not be allowed to sell the apartment by August 4, 2016, when the first apartment supply contract can be concluded.

On August 6, 2015, the Defendant: (a) received the right to sell B apartment units No. 2303, 2803, and sold B apartment units No. 2803, which were won in the name of the Defendant in the name of the Defendant in Gyeonggi-si B apartment model; and (b) sold the B apartment units No. 2303 through a multi-level business operator of the B apartment units, and “the name should be transferred at the expiration of the resale period; and (c) paid KRW 130,000 if the ownership is not in progress, the Defendant shall prepare a promissory note to the effect that “The promissory note to the effect that is being transferred, and resells the status of being selected

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (a copy of the certificate of promissory note processing with 19 households), a copy of the certificate of promissory note processing (a copy of the evidence record No. 391 of the record);

1. Application of the Acts and subordinate statutes to the public announcement of invitation of occupants of apartment units (verification of the B public announcement of apartment units, period of restriction on resale, etc.);

1. Article 96 Subparag. 2 of the former Housing Act (amended by Act No. 13805, Jan. 19, 2016) and Articles 41-2 and 96-2 of the same Act regarding criminal facts.

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