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(영문) 의정부지방법원 고양지원 2018.05.02 2017고단3745
주택법위반등
Text

Defendant

A Imprisonment for eight months, Defendant B shall be punished by a fine of three thousand won,00,000 won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

around September 29, 2016, Defendant A: (a) won was awarded in the “E reconstruction apartment unit 101 Dong 1602,” using a passbook in the name of FindingD on September 29, 2016; and (b) this was limited to the resale between October 18, 2016 and six months from October 18, 2016 where the first house supply contract can be concluded pursuant to Article 64 of the Housing Act and Article 73 of the Enforcement Decree of the Housing Act; (c) thus, Defendant A sent a notice to demand the payment of personal debt amounting to KRW 200 million; (d) subsequently, the said right of sale was reselled to have an opportunity to drink the resale profit using a device.

Therefore, the real estate brokerage assistant came to know Defendant B through F, and thereafter, from October 201 to the 16th day of the same month from October 2016 to the date of the same month, the purchase right resale contract was concluded between Defendant A and B with respect to the E-building apartment reconstruction right of 101 Dong 1602, which was won in the name D through multiple telephone conversations between the Defendants and F, and F with respect to the F and Defendant B’s purchase right of KRW 45 million of the down payment of the apartment lot winning the right to sell in lots to Defendant A, and Defendant A paid KRW 30 million of the down payment of the apartment lot winning the right to sell in lots and KRW 45 million of the premium title at the end of the period for the restriction on the resale of the right to sell lots.

On October 18, 2016, the Defendants: (a) around 09:00 on October 18, 2016, at a national bank located in Mapo-gu Seoul Metropolitan Government, and (b) around 09:00, Defendant A issued to Defendant B a certificate of his personal seal impression, a certificate of his personal seal impression, and a copy of his identification card; and (c) Defendant B had Defendant A sign a prior prepared receipt, performance letter, confirmation of transaction, power of attorney, each seller of the transaction contract, and each truster of the transaction contract in the name of D; and (d) had the buyer of the right of sale transfer KRW 5 million to D account as the down payment for the premium.

In the above apartment model in Mapo-gu Seoul around the 19th day of the same month, the defendant A had an apartment reconstruction apartment 101 Dong 1602.

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