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(영문) 서울서부지방법원 2016.05.17 2015고정1701
건축물의분양에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of Eunpyeong-gu Seoul Metropolitan Government in charge of the project to sell buildings in Eunpyeong New Town D.

The business owner shall be entitled to a construction permit with the site size of 2,464.70 square meters and the total floor area of a building of 17,618.61 square meters in Eunpyeong-gu Seoul Metropolitan Government, and the business owner shall file a report on the sale with the office of Eunpyeong-gu in accordance with the relevant statutes.

A seller of buildings in units shall advertise the sale of buildings in units after acceptance of a report on the sale of buildings in units, and select persons to be sold in units by open drawing from among persons who have applied for sale according to the

Nevertheless, the Defendant, on April 1, 2015, from 13:00 to 15:00 on the date of public lottery, sold in the Eunpyeong-gu Seoul Metropolitan Government F-sale Office, and did not take necessary measures for tendering such as placement of employees at the bidding site with only commercial advertising, so that it is impossible to file an application for bidding with three persons, such as G (54) (54) where the sales office is found for bidding, and sold on May 11, 2015, the Defendant sold 105 of the first floor of the daily living facilities in the Pyeongtaek New Transportation F.

Accordingly, the Defendant violated the matters concerning the sale of buildings in lots.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness G, H’s respective legal statements, witness I, and J’s respective legal statements [the Defendant] keep a paper to make a tender at the temporary office for the construction project, which was prepared on the second floor of the F-sale Office, on the date of the public drawing of this case, and on the model hybrid building used as the F-sale Office, and the former J waiting, and the bid applicant was sold in lots under several contracts due to no absence of any number of applicants for the tender.

The argument is asserted.

In light of the witness G, H’s respective statements, and witness I’s partial statements, it is difficult to use the evidence submitted by the defendant as it is, or in light of the witness I’s testimony, it is difficult to use the evidence as it is.

The defendant's above assertion is rejected.

Even if the J, as claimed by the Defendant, was located in the office of the contractor established in one of the above model lower building on the date of public drawing.

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