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(영문) 수원지방법원 2017.07.12 2017고정1651
임대주택법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 10,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

A lessee of a rental house shall not transfer the right of lease to any third party except where all members of the household have moved into the rental house and have obtained the consent of the rental business operator for reasons of work, occupation, treatment of diseases, etc. after moving into the rental house, and no one shall arrange for such moving.

1. On December 17, 2009, the Defendant violated the Rental Housing Act by Defendant A transferred an application for subscription to the name of the Defendant to C, a purchaser of the head of the Tong, at KRW 13 million, and subsequently concluded a lease contract under the name of the Defendant, as well as to transfer the right of lease to a person designated by C, etc. or cooperate in the procedures for sub-lease.

Accordingly, on November 18, 201, the Defendant entered into a lease agreement with LH Corporation and the Suwon-gu, Young-gu, Suwon-gu, Seoul, with D Apartment-gu, 4009 Dong 802, and in fact, the Defendant did not have occupied the above apartment, filed a move-in report to the apartment building in question, and subsequently, on March 6, 2014, pretended that the Defendant entered into an occupant card, etc. as if the Defendant was living in the above apartment, and transferred the right of lease to E who finally purchased the right of lease through C and B around that time.

Accordingly, the defendant transferred the right of lease to another person without the approval of LH construction.

2. Defendant B’s violation of the Rental Housing Act stated in the facts charged in the charge of KRW 33 million as “35 million” in the judgment of the court below on March 2014, 201, while holding the documents by which the right of lease under the above D apartment No. 4009, 802 can be transferred from the above D apartment No. 4009, 802 to the police officer. However, according to the records of this case, the premium received by Defendant B appears to have been the cause of KRW 33,00,000, and thus, the relevant part among the facts charged is corrected and recognized as above.

It issued all documents that can take over the right of lease upon receipt of such documents.

E shall be the Defendant, A, and A around March 6, 2014.

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