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(영문) 서울중앙지방법원 2017.07.05 2017고정1232
주택법위반
Text

Defendant

A, B, and D shall be punished by a fine of KRW 7 million, and Defendant C shall be punished by a fine of KRW 3 million.

The Defendants respectively.

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.

H apartment housing located in "G housing zone 2 complex" located in Gangnam-gu Seoul, Seoul, which is a house governed by the apartment sale price, was publicly announced on July 10, 2014, and the order of priority was received on July 17, 2014, the winner announcement was made on July 24, 2014, and the apartment supply contract was concluded until July 29, 2014. Therefore, the apartment sale right shall not be resold until July 29, 2015, one year after the termination of the apartment supply contract.

1. On July 2014, Defendant A: (a) had been granted the right to sell the above apartment units No. 205-dong 1204, which was derived from the Defendant’s Defendant’s ChokI’s name on July 24, 2014, and sold the said apartment units to J for a fixed period of time; and (b) had the status of being selected as the occupant before the expiration of the fixed period of time.

2. Defendant B, on July 2014, sold the foregoing apartment units 204 Dong 1003, which was derived from the Defendant’s name on July 24, 2014, to K and sold the status of being selected as occupant prior to the lapse of a fixed period of time.

3. On July 2014, Defendant C reselled the status of being selected as an occupant before the expiration of a fixed period of time, upon receiving and selling the right to sell the above apartment building No. 201, 701, which was derived from the Defendant’s name on July 24, 2014, to L, which was granted a premium of 30 million won.

4. On July 2014, the Defendant: (a) sold the foregoing apartment units (208 Dong-dong 804), which was derived from the Defendant’s name on July 24, 2014, to M with a premium of KRW 80 million; and (b) sold the said apartment units (208 Dong-dong 804).

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