A period during which the resale or sublease of the national housing supplied by the national housing project proprietor under the Housing Construction Promotion Act is prohibited (=within six months from the date of commencement of occupancy notified)

In full view of the provisions of Articles 38-3(1) and 52(2) of the Housing Construction Promotion Act, Article 37(1) of the Enforcement Decree of the same Act (amended by Presidential Decree No. 13452 of Aug. 24, 191), and Article 24-2(1) of the Enforcement Rule of the same Act (amended by Ordinance No. 491 of the Ministry of Construction and Transportation of Aug. 24, 191), national housing constructed and supplied by a national housing project proprietor is prohibited from resale or sublease for a period of six months from the commencement date of occupancy of the relevant house notified to the prospective occupants, and only resale or sublease during this period is subject to punishment under the above penal provisions.

Articles 38-3(1) and 52(2) of the Housing Construction Promotion Act, Article 37(1) of the Enforcement Decree of the same Act (amended by Presidential Decree No. 13452 of Aug. 24, 191), and Article 24-2(1) of the Enforcement Rule of the same Act (delet by Ordinance of the Ministry of Construction and Transportation No. 491 of Aug. 24, 199

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Lee Dong-young et al., Counsel for plaintiff-appellant)

A

Defendant

Seoul Criminal Court Decision 91No7938 delivered on May 20, 1992

The judgment of the court below is reversed and the case is remanded to the Panel Division of the Seoul Criminal Court.

We examine the grounds of appeal.

According to the reasoning of the judgment of the court below, the court below affirmed the judgment of the court of first instance that found the defendant guilty by applying Articles 52(2) and 38-3(1) of the Housing Construction Promotion Act, after acquiring the lease of the apartment of this case, a national housing, from the head of Seoul Special Metropolitan City on March 1989, and transferring the right to lease to the non-indicted B on March 29, 1989

However, in full view of the provisions of Articles 38-3(1) and 52(2) of the Housing Construction Promotion Act, Article 37(1) of the Enforcement Decree of the same Act (amended by Presidential Decree No. 13452, Aug. 24, 1991) and Article 24-2(1) of the Enforcement Rule of the same Act (amended by Ordinance No. 491, Aug. 24, 1991) of the same Act, national housing constructed and supplied by a national housing project proprietor is prohibited from resale or sublease for six months from the commencement date of occupancy of the relevant house notified to the prospective occupants, and only resale or sublease during this period is subject to punishment under the above penal provisions (see Supreme Court Decision 90Do1287, Apr. 23, 191).

In this case, according to the records, the defendant can only recognize the fact that he entered into a lease contract with the Seoul Special Metropolitan City Mayor on March 23, 1989 and paid only the down payment on the day of the lease contract and then transferred the above lease right to the non-indicted B on the following day, and it cannot be known at any time the date of commencement of occupancy notified by the Mayor of Seoul Special Metropolitan City. Thus, although the court below should have judged whether the act of transfer of the above lease becomes subject to the punishment of the prohibition of sub-lease, the court below's decision as above was erroneous in the misapprehension of legal principles as to the above provision of the law and the incomplete deliberation, and it

Therefore, the judgment of the court below is reversed and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jong-dong (Presiding Justice) Kim Sang-ho (Presiding Justice)