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(영문) 수원지방법원 2014.01.09 2013고정2505
임대주택법위반
Text

Defendant shall be punished by a fine of KRW 15,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in real estate brokerage business.

A lessee of a rental house may not transfer the right of lease to another person, unless justifiable grounds, such as working, disease treatment, and occupation, occur after he/she actually moves into a rental apartment, and no person shall arrange such transfer.

1. On April 4, 2009, the Defendant, at the D Real Estate Brokerage Office located in Sungsung-si, arranged for the transfer of the right of lease by taking over all the documents that can transfer the right of lease of F apartment 804, 1003 (Lease G), F apartment 804, 1003 (Lease G), which is a real estate broker, to H on April 15, 2009.

2. Around July 31, 2009, the Defendant, at the D Real Estate Brokerage Office, assisted the transfer of the right to lease to E, a real estate broker, by taking over all the documents that can transfer the right to lease of 504 Dong 1501 (Lease J) in Hysung-si around November 12, 2009. On November 12, 2009, the Defendant arranged for the transfer of the right to lease to L with the amount of KRW 80 million in premium of KRW 417 Dong 1103 and transferred the above documents to others.

3. On December 7, 2005, the Defendant: (a) received from a person who is unable to know his name in the model house of the Gyeonggi-do Urban Construction Project model located in Suwon-si, Suwon-si; (b) received the F apartment winning receipt under the name of M; (c) made M enter into a lease agreement of 805 Dong 1202 with M around January 6, 2006; and (d) on April 4, 2009, after receiving the amount of KRW 40 million from the D Real Estate Brokerage Office at the D Real Estate Brokerage Office located in Seosung-si, Suwon-si, the Housing Management Corporation received KRW 40 million from N; and (d) around August 7, 2009, M did not have justifiable grounds for transfer at the Housing Construction Center; and (e) made M to acquire all the rights to lease the above apartment housing, notwithstanding the fact that there is no justifiable grounds for transfer at the Housing Construction Center.

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