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(영문) 의정부지방법원 고양지원 2018.06.20 2018고단833
주택법위반
Text

Defendant shall be punished by a fine of three 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 purchase-out announcement was made on September 25, 2014 for the Da-gu Incheon-si apartment, Sungnam-si, a house subject to the application of the Housing for Sale. The purchase-out announcement was made on September 30, 2014; the receipt of special supply and the publication of the winners on September 30, 2014; the receipt of the general supply order on October 1, 2014; the receipt of the general supply order on October 2, 2014; the supply of the general winner on October 10, 2014; the supply of the apartment contract from October 15, 2014 to October 17, 2014; thus, the first apartment supply contract should not be made until October 15, 2015, as of October 15, 2014, where the first apartment supply contract can be concluded.

On October 15, 2014, the Defendant received and sold the above C Apartment 106 Dong 801, which was won in the name of the Defendant in front of the Songpa-gu Seoul Metropolitan Government D Model House, to E, and sold the right to sell the above C Apartment 106 Dong 801, which was won in the name of the Defendant. “At the expiration of the resale period of the right to sell the ownership, the Defendant must transfer the name without fail, and if the ownership is not transferred, the Defendant repaid KRW 320,000,000 to E.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (specific as a household for illegal resale of the C apartment unit sale right);

1. A report on internal investigation (verification of the public notice of the C apartment and the period of restriction on resale, etc.) and the public notice of invitation of occupants of C apartment;

1. Application of Acts and subordinate statutes of a supply contract, a contract for sale of the right of sale, a bill process deed, a contract for succession to rights and duties;

1. Relevant legal provisions and the former Housing Act (amended by Act No. 13687, Dec. 29, 2015) regarding criminal facts.

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