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(영문) 대전지방법원 2017.11.30 2017고단987
주택법위반등
Text

1. Defendant GO Defendant GO shall be punished by imprisonment with labor for one year.

Defendant

Of the facts charged in this case against GO, the order of 2017 Godan 1729.

Reasons

Punishment of the crime

[2017 Highest 987] - Defendant GO, Defendant GP

1. Defendant GO’s violation of the Housing Act and L, along with GX, are specialized business operators of GY real estate, who specializeed in the sale and purchase of passbooks and the resale of sale rights, etc. in Busan, Jeju, and Jeju.

(a) No person mediating the resale of the status of being selected as an occupant within the period of restriction on resale shall resell the status of being selected as an occupant of the housing subject to the maximum price system, which is constructed and supplied by the project undertaker (hereinafter “period of restriction on resale”) or arrange for resale before the lapse of the period prescribed by Presidential Decree (hereinafter “period of restriction on resale”);

Nevertheless, on July 2012, 2012, the Defendant, along with L and GX, arranged the sale of the HB name in the name of the buyer in the amount of KRW 10 million selected as the occupant of the HB on July 20, 2012, on the Sejong-si HB “H 704 Dong 1003, which was supplied by the HA company, to the buyer in return for the payment of KRW 1 million around that time.

However, the apartment is a house subject to the maximum price-oriented urban construction project under the "Special Act on the Construction of a Dual Complex City for Follow-up Measures for New Administrative Capital", which is developed by an administrative-oriented urban construction project, and supplied to public housing sites created, and for which it is impossible to resell or arrange for resale the status of being selected as the occupant of the relevant apartment before one year passes from the date ( July 25, 2012) can enter into the first housing supply contract.

Accordingly, the Defendant, in collusion with L and GX on July 2012, mediated the resale of the status of being selected as the occupant of the housing subject to the upper limit of resale restriction period.

In addition, the Defendant conspired with L and GX, etc. from around that time to around January 2016, within the 18-year period of restriction on resale in collusion with L and GX.

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