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(영문) 대전지방법원 2017.05.11 2017고단567
주택법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a public official belonging to the State Veterans Administration.

No one shall resell the status of being selected as residents of multi-family housing subject to provisional application, among multi-family housing constructed and supplied by a project operator in a public housing site, before the lapse of the period prescribed by Presidential Decree (hereinafter referred to as "period subject to restriction on resale").

On October 27, 2011, the Defendant, as an employee of the administrative-oriented complex relocation agency, was selected as an occupant under D 810 Dong 704, Sejong-si, a special supply by C, and paid the said apartment sale down payment at KRW 25,980,00,00 from Defendant’s type E around November 3, 201.

On May 2012, the Defendant sold the status of being selected as the occupant of the above apartment to E by determining the amount equivalent to the sale price of the above apartment, including the above loan, as the sale price in a Sejong land.

However, the above apartment was a house that can not be resold the status of being selected as an occupant of the house for one year from the date ( November 2, 201) when it is possible to conclude the first house supply contract under the Enforcement Decree of the Housing Act with a house to be specially supplied to the employees, etc. of an administrative-oriented city relocating agency in accordance with the Housing Act and the Rules on Housing Supply in a public housing site developed and created in accordance with an administrative-oriented city construction project pursuant to the "Special Act for the Construction of a F-oriented City for the Follow-up Measures for New Administrative Capital".

Accordingly, the Defendant reselled the status of being selected as the occupant of the housing subject to the Housing Act, which was officially sold within the period of restriction on resale on May 2012.

2. Determination:

A. According to the evidence duly adopted and examined by this court, the Defendant paid the down payment of an apartment unit as stated in the facts charged with the purchase of the apartment unit with the money borrowed from Defendant E, the Defendant, on Nov. 1, 2011, and sold the said apartment unit to Grade 8 clerks on Apr. 23, 2012, and at the same time, he/she will serve as Grade 8 clerks.

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