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(영문) 의정부지방법원 2021.01.13 2020고단5671

부동산실권리자명의등기에관한법률위반

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 one shall register any real right to real estate in the name of the trustee under the title of the trust agreement.

The defendant around 11:00 on April 1, 2016, around 11:0, in the vicinity of the Seocho-gu Seoul Metropolitan Government Distributiondong, "C has a woman's land, which is complicated with the ground transfer issue.

The price of land already paid in full, but there is no person who transfers the name of the land.

The phrase “the transfer of land in the name of the land is different,” and concluded a trust agreement with the title of the real estate title to the above B.

On April 27, 2016, the Defendant purchased the forest and site of D, E, F, G, H, I, J,K, L, M, N, N, andO in the name of 850,00,00 according to the trust agreement in the name of the said name, and transferred the ownership under B pursuant to the trust agreement on April 1, 2016.

Accordingly, the Defendant registered the real right to real estate in the name of the trustee according to the nominal trust agreement.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of some police officers against the defendant (including B's statement);

1. Written complaints filed by the police concerning B and P;

1. Application of Acts and subordinate statutes to a certificate of all the registered matters (land), a copy of a real estate sale contract (C and B), and an investigation report (matters stated by relevant witnesses of the case);

1. Article 7(1)1 and Article 3(1)1 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (Amended by Act No. 13713, Jan. 6, 2016); the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (which is not applicable to the sentencing guidelines in the choice of a penalty) recognizes the defendant's mistake and reflects it, there is no record of criminal punishment either punished for the same kind of crime or exceeding the fine, and the defendant's age, sex, environment, motive or circumstance of the crime, method and method of the crime.