The judgment below

The part against the defendant is reversed, and that part of the case is remanded to Suwon District Court.

The grounds of appeal are examined.

1. According to Articles 19-2 and 31-2 of the Housing Site Development Promotion Act, a person who is supplied with a housing site developed under the Housing Site Development Promotion Act may not resell the housing site concerned without using it for the supplied purpose until the registration of transfer of ownership: Provided, That this restriction may not apply to cases prescribed by the Presidential Decree, and when he resells the housing site in violation of such restriction, the juristic act concerned shall be null and void,

Meanwhile, according to Article 13-3 of the former Enforcement Decree of the Housing Site Development Promotion Act (amended by Presidential Decree No. 26485, Aug. 11, 2015) (hereinafter “Enforcement Decree of this case”), “cases prescribed by Presidential Decree” in the proviso to Article 19-2(1) of the Housing Site Development Promotion Act refers to cases where the consent of the implementer is obtained as it falls under any of subparagraphs 1 through 9: Provided, That in cases falling under subparagraphs 1, 2, 5, and 7, only applies to a person who is supplied with a housing site from the implementer for the first time; subparagraphs 1 through 9 are supplied with a housing construction site in accordance with the implementation of relocation measures under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “Public Works Act”); school site site site site and medical facility site; and where a person supplied or purchaser is the State, local government, public institution or local government-invested public corporation (paragraphs 3 and 4); and where the purchaser is supplied with the housing site development project operator or transferred the housing site to the purchaser under a free contract.