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(영문) 의정부지방법원 2016.11.16 2016고단4205
주택법위반등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year and six months;

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to implement a construction project of multi-family housing with 20 or more households in violation of the Housing Act shall submit an application for approval of a project plan to the competent authority which has the authority to approve the project, along with a plot plan of housing, its incidental facilities and welfare facilities, and design drawings and specifications for

When the Defendant constructs 11 units of “K” multi-family housing on the 11st parcel, such as Gyeonggi-do, J, etc., in order to avoid the above approval of the project plan and instead to obtain easy permission for individual construction permission, divided the land subject to multi-family housing into several parcels in order to acquire large profits, and, in turn, intended to transfer the divided land into the name of the landowner and construct a building with less than 20 households by each nominal owner of each land.

On August 13, 2012, the Defendant: (a) registered ownership transfer in the name of J land in the name of B; (b) obtained a building permit; and (c) registered ownership transfer in the name of 11 land in the name of land owner as shown in the attached Table 1 of Crimes List 1; and (d) obtained a building permit for less than 20 households by the title owner of the said land; and (b) implemented multi-family housing with 11 Dong, subject to approval for use.

Accordingly, the defendant carried out the apartment housing project with 20 or more households without obtaining approval of the project plan.

2. Violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name;

(a) No defendant A may register any real right to real estate under the name of the title trustee pursuant to the title trust agreement;

Nevertheless, on November 8, 2011, the Defendant purchased the J land from the owner L at the Namyang-si District Court in the Namyang-si registry of Namyang-si, Gyeonggi-do, but registered the ownership transfer of the said land under B according to the title trust agreement, and land equivalent to 11 lots in total as shown in attached Form 2 of the List of Crimes.

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