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(영문) 의정부지방법원 2019.01.10 2018고정1569
주택법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

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 occupy such housing as selected as an occupant) subject to the upper limit system for selling prices and the status of being selected as an occupant of such housing shall resell such housing or status or arrange the resale thereof before a period prescribed by Presidential Decree expires.

C apartment housing supplied to the Dasan City B block in Namyang-si, Gyeonggi-do, which is a house subject to the upper limit price ceiling system, shall not resell the sales right for one year from June 14, 2016 to June 13, 2017, on which it is possible to conclude an initial apartment supply contract.

On June 17, 2016, the Defendant: (a) prepared a promissory note to the effect that “F shall have the right to sell C apartment units E, which was won in the name of the Defendant, through the multi-level seller of the model in the Namyang-si, Gyeonggi-do; (b) sold the right to sell C apartment units E, which was won in the name of the Defendant, via the multi-level seller of the type; and (c) sold it to F; and (d) “I shall have the right to sell the unit upon the lapse of the period of resale; and (e) shall pay KRW 120 million if the title is not transferred; and (e) has the status of being selected as an occupant before the lapse

Accordingly, the defendant resells the status of being selected as the occupant of the housing subject to the upper price ceiling system within the limitation period.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of suspect examination of the police in G;

1. A report on investigation (information on the sale of apartments in this case) and a report on internal investigation (related to the specific circumstances of the households illegally resaleed);

1. Application of Acts and subordinate statutes to the information on subscription to C apartment, a copy of the authentic deed of promissory note related to C apartment, and a copy of supply contract to the total 39 households;

1. Article 96 Subparag. 3 and Article 41-2 (1) 2 of the former Housing Act (wholly amended by Act No. 13805, Jan. 19, 2016); the choice of fines for criminal facts;

1. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.

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