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(영문) 서울중앙지방법원 2019.02.19 2018고정1344
주택법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No house subject to the upper limit system for selling prices and the status of being selected as residents of such house, which is constructed and supplied by a project undertaker, shall resell the relevant house or status or arrange the resale thereof before the lapse of the period prescribed by Presidential Decree from the date on which the first contract for selling prices is possible.

The C apartment located in Gangseo-gu Seoul Metropolitan Government, which is a house subject to the upper price ceiling system, was publicly announced on January 15, 2015, and the sale price was publicly announced on January 20, 2015, and the receipt of special supply and the announcement of winners, the receipt of the first and second general supply order on January 21, 2015, the receipt of the third general supply order on January 22, 2015, the announcement and assignment of the general supply winner and the number of units on January 28, 2015, and the apartment supply contract was concluded between February 2, 2015 and February 4, 2015, so it shall not be allowed to resell or mediate the resale of the right to sell the apartment from February 21, 2015, when it is possible to conclude the first apartment supply contract.

On February 3, 2015, the Defendant, in front of the model house C apartment in Gangseo-gu Seoul Metropolitan Government, sold the above C apartment apartment unit E, which was won in the name of the Defendant, to F with a premium of KRW 15 million, and reselled the status of being selected as an occupant before the specified period expires.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Notarial deed related to H-related promissory notes or a written public announcement of invitation of occupants of C apartment houses;

1. The CD (C apartment account, contract document, etc.);

1. Data related to the real estate sales contract for Defendant's real estate (public gold contract, a detailed statement of application for subscription, a statement of change of name, an application for consent to succeed to obligations for part payments, apartment sale contract or contract for real estate transactions

1. A sales contract for a right to parcel out, and a sales contract for sales of each apartment;

1. A report on internal investigation (specific household units for illegal transfer of the right to sell apartment units), report on internal investigation (the attachment of the C public notice and confirmation of the period of limitation on resale), request for cooperation in investigation (request for related data, such as the C public supply contract), and

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