The defendant shall be innocent.

1. “In the facts charged, not less than 50% of the development-restricted zone in the Seoul Metropolitan area is subject to the provisional restriction of sale to public housing sites created by cancelling the development-restricted zone, and the housing units subject to provisional restriction of sale and the status of being selected as residents of such housing units cannot be resold before the period prescribed by Presidential Decree expires. Therefore, the right of sale in lots or the status of being selected as residents of such housing units cannot be resold or arranged for resale from June 14, 2016 to June 13, 2017.

On May 2016, the Defendant won in the above apartment after the application for parcelling-out to the above apartment by using the site for the application for parcelling-out operated by the financial association around the end of May 2016. On June 2016, the Defendant: (a) deposited the first down payment in cash from D that purchased the right to parcel out at the temporary intermediary facilities of the road in front of the Gyeonggi-do, Namyang-si, Gyeonggi-do, which was located in the middle of June 2016; and (b) concluded a sales contract by entering the model house; and (c) completed the sales contract by entering the model house; and (d) received all documents necessary for change of the name, such as the sales contract and the resale contract for the right to parcel out; and (e) received 21

Accordingly, the defendant resells the status of being selected as the occupant of the housing subject to the provisional application of sale within the resale period.

2. Article 41-2(1) of the former Housing Act (amended by Act No. 13687, Dec. 29, 2015) provides that the period of restriction on resale shall be prescribed by Presidential Decree, and Article 45-2(2) of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 27444, Aug. 11, 2016) provides that the initial date of the period of restriction on resale shall be “the date on which it is possible to enter into a housing supply contract for the first time”.

According to the evidence duly adopted and examined by the court, it is recognized that the date when a housing supply contract can be concluded for the apartment of this case for the first time is June 14, 2016, and that the defendant transferred the status of being selected as the occupant of the apartment of this case.

However, there is a problem.