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대구지방법원 2013.10.16 2013고정2272

부동산실권리자명의등기에관한법률위반

Text

Defendants shall be punished by a fine of 2.5 million won.

In the event that the Defendants did not pay the above fine, only 50,000 won.

Reasons

Punishment of the crime

No person may register any real right to real estate under the name of the title trustee according to the title trust agreement.

1. On December 22, 2010, Defendant A entered into a title trust agreement with the Daegu District Court Maritime Affairs Office, to register the ownership of real estate under the name of the title trustee, by completing the registration of ownership transfer on the ground of sale and purchase, as the Defendant purchased the land located in the Gyeong-gun Gun E, which was purchased by C from C with C, in the name of the Defendant.

2. On January 21, 2011, Defendant B: (a) concluded a title trust agreement with F to register the ownership transfer of H, I, J, K, L, and M land purchased from G, as if the Defendant purchased the land from G; (b) completed a title trust agreement with F to register the ownership transfer of the said real estate on grounds of sale; and (c) registered the ownership of the real estate under the name of the title trustee, a real right to the said real estate, under the name of the title trustee.

Summary of Evidence

1. Defendants’ legal statement

1. Examination protocol of suspect C by the prosecution;

1. Police suspect interrogation protocol regarding F;

1. A certified copy of the register;

1. A real estate sales contract (E);

1. A certified copy (H), a certified copy (I), a certified copy (J), a certified copy (K), a certified copy of the register, or a certified copy of the register;

1. Application of Acts and subordinate statutes concerning a real estate sales contract (N six parcels);

1. Article 7 (2) and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, for facts constituting an offense and for the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;