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(영문) 수원지방법원 2018.03.23 2018고정79
주택법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The term "B apartment house" in the Namyang-gu Busan Metropolitan City is applied to a public housing site created by cancelling at least 50% of the development-restricted zone of the relevant zone among the housing site in the Seoul Metropolitan Area, and the housing subject to the provisional sale of the housing site and the status of being selected as the occupant of the housing site cannot be resold until the period prescribed by Presidential Decree expires. Therefore, the housing or the status of being selected as the occupant of the housing can not be resold or arranged for resale from June 14, 2016 to June 13, 2017.

The defendant, even if he won the apartment, has not been able to pay the selling price equivalent to KRW 400 million even if he won the apartment, and if he won the winning, he would receive a premium and resell it after receiving it. On May 2016, he won the winning in the above apartment 901 Dong 102 in order of the subscription after the application for the apartment.

However, on June 2016, the Defendant transferred the “E” contract and all documents necessary for change of the name, such as the purchase right resale contract and the sales right resale contract, to a temporary brokerage facility, such as a tent in front of the “B apartment model down house”, a simple chair, etc., located in “B apartment model down house” in “B,” and had E pay the first sales contract.

When the above E pays the first installment payment, the Defendant: (a) concluded a sales contract with the model lower court to prepare a sales contract; and (b) transferred “all documents necessary for change of the name, such as the sales contract and the resale contract,” to E; and (c) reselled the status of being selected as an occupant before the lapse of the period specified by the method of receiving the unfair “fluor” payment.

Summary of Evidence

1. A protocol concerning the interrogation of each police officer against the defendant or E;

1. Statement made by the police against D;

1. At the time of subscription, attention to F Co., Ltd.’s response, each deposit statement, B balcony expansion and copy of options contract, and copy of B supply contract.

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