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(영문) 울산지방법원 2020.01.09 2018고단3538

부동산실권리자명의등기에관한법률위반등

Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

[Criminal Power] On February 12, 2015, the Defendant was sentenced to one year of imprisonment with prison labor at the Daegu District Court for fraud and the same year.

9. On July 19, 2018, the Ulsan District Court sentenced eight months of imprisonment to be a crime of fraud at the Daegu Prison, which became final and conclusive on September 28, 2018.

【Criminal Facts】

around April 2016, the Defendant introduced C from B around 2018, and took place as an annual relationship. On May 2016, the Defendant attempted to purchase the 1st underground floor and the 9th floor E buildings above the ground located in Ulsan-gun, Ulsan-gun, but was influenced by the restriction on the purchase of buildings, treasury financing, building interior construction, etc., as well as the Defendant’s status as the Defendant, he was aware of the fact that C had property equivalent to the purchase of E buildings, which was divorced from the south, and was influenced by the restriction on the purchase of buildings, treasury financing, and building interior construction.

1. No person who violates the Act on the Registration of Real Estate under Actual Titleholder’s Name shall register any real right to real estate under the name of the title trustee according to the title trust agreement;

Nevertheless, the Defendant decided to purchase E-building around May 10, 2016, and the difficulty of loans was anticipated when the Defendant purchases E-building under the name of the Defendant with bad credit standing.

Accordingly, the Defendant concluded a sales contract with C to purchase the E building with the consent of C to purchase the her woman as the purchaser of the E building by means of false statement to the effect that the Defendant would bear a tax burden in the event of purchase of the real estate in the name of the Defendant due to a large volume of real estate, and entered into the sales contract

7.7.To complete the registration of ownership transfer in the name of Ulsan District Court on the ground of sale and purchase with respect to the above building.

Accordingly, the Defendant registered the real right to the said real estate under the name of the title trustee C according to the title trust agreement.

2. Forgery of private documents and display of private documents.