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(영문) 의정부지방법원 고양지원 2019.02.14 2018고정1138
주택법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No house subject to the upper limit price ceiling system and the status of being selected as an occupant of such house shall resell the relevant house or status or arrange for resale before a period prescribed by Presidential Decree expires.

Nevertheless, the Defendant received 3.5 million won of the passbook in his name, and sold it to C through a nameless box. On May 20, 2014, the Defendant issued a certificate of personal seal impression for the sale and purchase of the above apartment, a resident registration record card, and put it to the nameless person. On June 3, 2015, the Defendant prepared an apartment supply contract for the sale of the above apartment units with the Gyeonggi-do Urban Construction Corporation, the seller of the apartment units, and the above apartment units D units 313,90,000,000, and paid an intermediate payment for the above apartment units by September 18, 2017.

C On September 11, 2017, the Defendant decided to resell the right to sell the said apartment on the condition that he/she succeeds to the remainder of the payment in KRW 84 million, the purchase price of KRW 16,897,200, the intermediate payment in KRW 116,897,200, and the remainder of the apartment that he/she purchased from the Gyeonggi-do Si Corporation. On September 11, 2017, the Defendant was transferred to the J bank account (K) in the name of the J Bank (K) designated by the Seoul as the down payment.

9. The remainder of 111,897,200 won was paid in cash at the F Real Estate Office.

As a result, the Defendant, in collusion with name-free boxes, G or C, sold the right to sell the apartment of this case, which was prohibited from resale for three years from June 3, 2015, to H, a purchaser.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol of the accused and C (limited to the remaining part except the part to which the content is attached);

1. A protocol of suspect examination of G police officers;

1. The police statement of H;

1. Copy of the police statement concerning L;

1. An apartment supply contract, a document for securing rights, a power of attorney, a letter for selling apartment, a letter for waiver of rights, a letter for performance, a real estate sales contract, a certificate of personal seal impression, and

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