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(영문) 수원지방법원 2018.11.09 2018고정1499
주택법위반등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates the “C Authorized Broker Office” located in Suwon-si B.

(1) No one shall transfer the housing or status of an occupant of a house constructed and supplied by a project undertaker or arrange for resale thereof before a period prescribed by Presidential Decree elapses, and no one shall encourage speculation of real estate, such as mediating, etc. the sale of real estate for which the preservation of ownership, the registration of transfer, or the registration of transfer has not been made for the purpose of evading tax, etc. or for the purpose of violating relevant Acts and subordinate statutes, or real estate, the change of rights, such as resale, etc. is restricted under the provisions of relevant Acts and subordinate statutes; and (3) With respect to brokerage business, he/she shall not receive money and valuables exceeding the remuneration or actual expenses prescribed by Municipal Ordinance of each City/Do, even

The resale of the sale right is limited for six months from December 14, 2016, which is the date of the sale contract for multi-family housing constructed and supplied in the housing site other than the public housing site in the metropolitan area.

Nevertheless, on June 8, 2017, the Defendant: (a) arranged the buyer F to sell the apartment apartment G unit in Young-gu D apartment unit for KRW 35 million to the buyer F; and (b) received KRW 2 million from the seller E under the pretext of the brokerage commission.

As a result, the Defendant, while mediating the resale of the right to sell real estate during the period of restriction on resale, acts as a broker for the sale of real estate not registered for the purpose of tax evasion or transfer, or for the sale of real estate, the change of rights such as resale, etc. is limited by the provisions of relevant laws and regulations, thereby promoting real estate speculation. The Defendant received money in excess of 6/1,000 (35 million won x 0.06 x 2.10 million won) which is the upper limit of legal fees.

Summary of Evidence

1. Statement by the defendant in court;

1. E.

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