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(영문) 대전지방법원 2015.12.17 2015고정1036
주택법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. In the case of a housing constructed and supplied by a project proprietor or a status as an occupant of housing subject to the upper limit system for selling prices, no person charged shall resell his/her status or arrange for resale until one year passes from the date on which a housing supply contract can be concluded for the first time;

However, on December 8, 2011, the Defendant entered into a contract to purchase the occupant status of KRW 309,649,000 on December 6, 201 with D Real Estate operated by the Defendant located in Seo-gu Daejeon, Daejeon, which was designated as an occupant of KRW 511 Dong-dong 2001 on December 6, 201, and received from F all the documents, such as the above apartment sales contract.

As above, the Defendant reselled the status of occupant during the period in which the resale is prohibited.

2. Determination

A. Article 38-3 (1) of the former Housing Construction Promotion Act (amended by Act No. 5908 of Feb. 8, 1999) prohibits "sale" such as the status of being selected as the occupant of a house. Article 47 (1) prohibits "transfer" such as the status of being supplied with a house of a cooperative. Article 38-3 (1) of the former Housing Construction Promotion Act (amended by Act No. 5908 of Feb. 8, 1999) prohibits "transfer" such as the status of being supplied with a house of a cooperative. Article 39-3 (1) of the Housing Construction Promotion Act (amended by Act No. 6919 of May 29, 2003) prohibits "transfer or resale of a house" such as the status of being supplied with a house of a cooperative, and Article 47 (1) of the Housing Act (amended by Act No. 734 of Jan. 8, 2005) provides for the purpose of legislation of the Housing Act.

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