Nevertheless, on September 12, 2012, the Defendant registered the ownership transfer in the name of the trustee in the name of the title, by completing the registration of the ownership transfer in the name of F in accordance with the trust agreement with F with respect to the real estate No. 101 on the first floor, Yongsan-gu Seoul, Seoul, which is owned by the Defendant’s office (hereinafter “instant real estate”).

2. Determination

A. The Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) excluded from a trust agreement under the name of the “where a creditor transfers or provisionally registers a real right to real estate to secure the repayment of a debt” (proviso of Article 2 subparag. 1(a) of the Act on the Registration of Real Estate under Actual Titleholder’s Name). Therefore, if a real estate ownership transfer is based on an agreement on the security for transfer, the registration under Article 3(2) of the Act on the Registration of Real Estate Real Name was not performed.

Even though the creditor may be punished pursuant to Article 7 (1) 2 of the Real Estate Real Name Act, it shall not be punished for a violation of the prohibition against the registration of trust in the name of Article 7 (1) 1 and (2) of the Real Estate Real Name Act (see Supreme Court Decision 2007Do2867, Nov. 16, 2007).B. According to the evidence duly adopted and examined by the court, the defendant was invested in KRW 40 million from F while operating the company "G", and the registration of the transfer of ownership was completed in the name of F for securing the above investment amount (F was charged with the crime of failing to submit a document stating that the transfer of ownership was secured for the purpose of securing the ownership of the real estate of this case).