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(영문) 대전지방법원 2017.09.22 2017고정859
임대주택법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, each 100.

Reasons

Punishment of the crime

Defendant

A is the vice president of Daejeon Seo-gu C 202, and the defendant B is a corporation established for the purpose of housing construction project, etc.

Defendant

B Co., Ltd. as a public construction rental business operator on April 13, 2010 constructed the 246 household unit of the Seo-gu Daejeon apartment.

A rental business operator shall preferentially make conversion for sale in lots after obtaining approval for conversion for sale in lots from the competent administrative agency, and where a lessee has failed to comply with conversion for sale in lots for at least six months, the rental business operator shall sell the relevant rental housing to a third party through the procedures for public announcement of recruitment of occupants, as prescribed by Ordinance of the Ministry

1. Defendant A

A. On September 28, 2016, the Defendant arbitrarily sold KRW 108,319,000, a pre-sale conversion conversion price to the Plaintiff, who was not subject to preferential pre-sale conversion under the said D Apartment No. 101 1117, 101, and 117, without going through a public announcement for the recruitment of occupants, as prescribed by Ordinance of Ministry of Land, Infrastructure and Transport, at

B. On November 1, 2016, the Defendant arbitrarily sold the foregoing D apartment Nos. 101 1009, 1009 (State) to E, and KRW 148,764,000, the pre-sale conversion price.

2. Defendant B, who is an employee of the Defendant, sold D apartment units Nos. 1017, 1017, 1009, 1009, at his own discretion, to D apartment units No. 1017, 1009, as in paragraph (1) above, to the Defendant’s employees.

Summary of Evidence

1. Defendants’ respective legal statements

2. A statement of the F;

1. A written accusation;

1. Application of the entire certificate of each registered matter, and the Acts and subordinate statutes on the D apartment sales contract;

1. Article 41(4)6 and Article 21 of the former Rental Housing Act (wholly amended by Act No. 13499, Aug. 28, 2015) (wholly amended by Act No. 13499), Defendant B Co., Ltd. on criminal facts: Each former Rental Housing Act (wholly amended by Act No. 13499, Aug. 28, 2015) (wholly amended by Act No. 13499), is a special law on private rental housing.

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