About 30 households living in the Marine City Xi apartment in Haeundae-gu, Busan, with a market price of 1.1 billion won, moved in without knowing that it was an illegal subscription and were in danger of being driven out of their homes.
The Ministry of Land, Infrastructure and Transport notified the victims of good intentions for fraudulent subscriptions to maintain the supply contract, but the enforcement company is sticking to canceling the contract.
According to Haeundae-gu and others on the 14th, the Ministry of Land, Infrastructure and Transport requested the implementation company to maintain the contract for 36 units of Marine City Xi apartments facing cancellation of the supply contract. This is in response to a request to the Ministry of Land, Infrastructure and Transport so that the cancellation can be withdrawn after Haeundae-gu confirmed the explanatory data from the tenants who were notified of the cancellation of the contract. Currently, all 41 households have been notified of contract cancellation, of which only one household is actually living through illegal subscription. The 36 generations clarified that they were victims of good faith who bought them without knowing the fact of the illegal subscription, and the remaining 4 generations have not yet been called because they have not been in contact with the owners.
Under the Housing Act, the Minister of Land, Infrastructure and Transport and the business entity have the authority to cancel supply contracts due to illegal subscription. The Ministry of Land, Transport and Maritime Affairs may request the implementation company to cancel the contract, but there is no compulsory requirement. The entrepreneur, the business entity, is in the position to enforce the cancellation of the supply contract. The developer previously announced its position to cancel the contract by following the Supreme Court precedent that prioritizes the public interest of maintaining the order of housing supply transactions over the protection of third parties’ private interests. However, it is natural to cancel the contract for the first household who moved in due to illegal subscription, but there are also eyes that raise doubts about the action of the implementer in that the 40 households who bought the apartment without knowing the illegality suffer damage. Isn’t that the purpose of making profits through resale with higher supply prices? In response, Haeundae-gu announced that it would not allow re-sale of the canceled supply.
In this regard, the Busan Gyeongnam Future Policy, a civic group, said, “Even after receiving two notifications from the Ministry of Land, Transport and Maritime Affairs, the implementation of the Marine City Xi apartment will not notify the purchaser of the illegal subscription. Therefore, the enforcement agency must reveal the reasons for the failure to take action at the time and make a plan for relieving the victims.” He added, “I have made a fraudulent subscription through various methods, such as transfer of disguise, purchase of subscription passbook, transfer of subscription qualification, marriage and divorce, etc., but all the Ministry of Land, Infrastructure and Transport can do is notify the developer.” It is necessary to revise the current laws and regulations with the aim of suspending them.”
[부산 = 박동민 기자]
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