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(영문) 서울중앙지방법원 2017.07.12 2017고정1263
주택법위반
Text

Defendant

A and C shall be punished by a fine of KRW 7 million, and Defendant B shall be punished by a fine of KRW 4.5 million.

The Defendants respectively.

Reasons

Punishment of the crime

The status of being selected as the occupant of a house built and supplied by a project operator (referring to the status of being selected as the occupant and entitled to move into the house) and the status of being selected as the occupant of a house eligible for parcelling-out, shall not be resold until the period prescribed by Presidential Decree expires.

E apartment located in Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as the "multi-family housing in this case") is a virtual house for sale, and is publicly announced on October 1, 2014 and the same month.

7. Since the receipt of an offer, the announcement of winners of prizes on the 15th of the same month, and the apartment supply contract was concluded by the 22th of the same month, the right to sell an apartment shall not be resold until October 22, 2015, which was one year after the termination date of the supply contract.

1. Defendant B, on October 2014, sold the status of being selected as occupant prior to the lapse of the prescribed period, after receiving the right to sell the above apartment No. 105-dong 104, in the name of the Defendant through F, in respect of a coffee near the apartment model of this case, Defendant B, on October 15, 2014, sold the apartment at a premium of KRW 46 million under the name of the Defendant.

2. On October 2014, Defendant A sold the status of being selected as an occupant before a fixed period of time expires, upon receiving and selling the above apartment unit KRW 107,00,000,00 to K through J, which was won in the name of Defendant on October 15, 2014, at the office of a certified judicial scrivener near the I Station located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Ha, and at the office of a certified judicial scrivener near the I Station located in Seocho-gu.

3. Around April 2015, Defendant C reselled the status of being selected as occupant prior to the lapse of a fixed period of time by receiving and selling KRW 72,00,000 from N the above apartment unit 108 Dong 405, which won the winning in October 15, 2014 under the name of the Defendant at the Ma real estate office located in Gangnam-gu Seoul, Seoul.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement concerning G (Defendant B) the police statement;

1. Statement made to K by the police (Defendant A);

1. Requests for the investigation of housing-related violations, respectively;

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