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(영문) 수원지방법원 2015.12.17 2015고정1704
임대주택법위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

B A around January 16, 2012, is a tenant in the name of the G apartment 506 Dong 903, Yongsan-si, the Korea Land and Housing Corporation, and H is a lessee who actually leased the above apartment due to Defendant B’s friendship, and Defendant A is a licensed real estate agent who operates the I Licensed Real Estate Agent Office of Osan-si, the G apartment 104.

1. Defendant B (Violation of the Rental Housing Act) and H knew that they were prohibited from being leased a rental house by fraud or other improper means, but they did not want to be entitled to lease a public rental apartment leased by the Korea Land and Housing Corporation with bad credit standing.

H around January 16, 2012, on the condition that, from January 16, 2012, the Korea Land and Housing Corporation paid the deposit of KRW 5,764,00,000 from January 1, 2012 to December 31, 2013, for 5,7640,000, monthly rent of KRW 450,640, the public rental apartment was leased under the name of Defendant B, who is the same resident, from the Korea Land and Housing Corporation, and Defendant B leased the said apartment by lending the name so that H may have the said apartment leased from the Korea Land and Housing Corporation.

2. Defendant A

A. Defendant A, who violated the Rental Housing Act, knew that the G Apartment 506 Do-903, which was leased by H from the Korea Land and Housing Corporation, was not transferred, sub-leased, or arranged for it to another person without the rental business operator’s consent.

Nevertheless, around June 15, 2013, Defendant A arranged J to sublease the above apartment at the office without a licensed real estate agent, and H prepared and sub-lease a real estate lease agreement with J at the same place on the same day with a deposit for the above apartment at KRW 80 million.

B. Defendant A who violated the Real Estate Brokerage Act is an important matter in the transaction of an object of real estate brokerage.

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