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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the facts charged is the house subject to the sales price ceiling system in the case of Asan City B apartment, and shall not resell the relevant house or status or arrange the resale thereof before the lapse of the period from March 12, 2015 to March 12, 2015.
Nevertheless, the Defendant, around April 2, 2015, assisted the resale contract for the right to sell the apartment units in Asan City B apartment units C to E, and transferred the total sum of KRW 10 million,00,000,000,000,000,000,000,000 won, including the contract deposit, KRW 7,000,000,000,000,000,000,000,000,000,000, from the above E, to the account of a national bank in the name of the Defendant. On April 11, 2015, the Defendant arranged the resale contract for the right to sell the apartment units in B apartmentF, and received KRW 10,00,00,00 from the above G to the account of the national bank in the name of the Defendant
In this respect, the defendant arranged the resale of a limited resale right before the period prescribed by Presidential Decree expires.
2. Determination
A. We first examine whether the defendant mediates the resale of the status of being selected as occupant, and first examine whether the defendant mediates the resale of the status of being selected as occupant, which is restricted under the Housing Act.
Article 41-2(1) of the former Housing Act (amended by Act No. 13687, Dec. 29, 2015; hereinafter the same) prohibits the resale of “the status of being selected as an occupant of a house (the status of a right to be selected as an occupant and to live in the house).” The language and text of the Act prohibits the resale of “the status of being selected as an occupant of a house (the status of a right to be selected as an occupant).” If it is based on the premise that the occupant is finally selected and can move into a house, and it is not clear whether a specific house can be
Article 45-2 of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 26369, Jun. 30, 2015; hereinafter the same) provides that a housing supply contract can be concluded for the first time by inviting occupants to invite occupants.