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(영문) 서울동부지방법원 2013.04.10 2013고정669

부동산등기특별조치법위반

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

When a person who has entered into a contract with a third party concerning the transfer of real estate ownership intends to conclude a contract with the third party to transfer the real estate after the fulfillment of consideration is completed, he/she shall file an application for the transfer of ownership according to the contract concluded in advance with the third party

Nevertheless, to avoid taxation, to obtain profits based on price changes between different current market values, or to avoid restrictions under the legislation regulating changes in rights, such as ownership, by the accused,

1. Around April 30, 2008, in the absence of the registration of ownership transfer of a building of 623 square meters and a building of 1,632 square meters and a building acquired by a former owner B, a contract for exchanging real estate, such as 22,612 square meters with D and Gangwon-si E-si, Gangwon-do around May 8, 2008 (a sale evaluation of goods is about 69 million won) is concluded and the unregistered resale is made;

2. Around May 8, 2008, in the absence of the registration of ownership transfer for E forest land E 22,612 square meters acquired by the exchange contract, such as the above '1', around May 8, 2008, the government concluded a contract with F to sell 16 million won to F on May 23, 2008.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the written answer to D;

1. A written accusation;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Article 8 subparagraph 1 of Article 8 of the Act on Special Measures for the Registration of Real Estate and Article 2 (2) and Article 2 (1) 1 of the Act on Special Measures for the Registration of Real Estate concerning Facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;