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(영문) 대구지방법원 2016.08.10 2016고정1322

부동산실권리자명의등기에관한법률위반

Text

Defendant

A A A shall be punished by a fine of KRW 3 million, by a fine of KRW 2 million, and Defendant B shall be punished by a fine of KRW 3 million.

Reasons

Punishment of the crime

1. No person who is a defendant shall register any real right to real estate in the name of the trustee under the name of the trustee pursuant to the trust agreement;

Nevertheless, around August 26, 2015, the Defendant: (a) purchased four parcels of real estate, such as Gyeongcheon-do Kimcheon-do, Kimcheon-do, G, H, and I; (b) requested B to register the transfer of ownership in his/her name; and (c) accepted B; and (d) on August 26, 2015, the Defendant registered the transfer of ownership in the name of B.

As such, the Defendant, as a nominal truster, registered each of the above real estate under the name of the nominal trustee pursuant to the trust agreement.

2. No person who is the defendant B shall register any real right to real estate in the name of the trustee under the name of the trust agreement;

Nevertheless, around August 26, 2015, the defendant purchased the above four parcels of real estate and requested A to register the transfer of ownership in the name of the defendant, and completed the registration of transfer of ownership in the name of the defendant on the same day.

Accordingly, the Defendant, as a trustee, registered each of the above real estate under his name in accordance with the nominal trust agreement.

3. No person, other than a certified public broker for defendant C, shall use the name of a certified public broker or similar name.

Nevertheless, on August 26, 2015, the Defendant introduced the four parcels of real estate listed in paragraph 1 to L (referring to D’s co-owner of the said real estate) at the K Authorized Broker Office located in the Seogu Daegu-gu, Daegu-gu, as well as the name “C’s representative of the K Authorized Broker Office.”

Accordingly, the defendant was not a certified broker and used a name similar to that of a certified broker.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement by the police concerning L;

1. Application of the certificate of transfer of balance, name, trade contract, and certified copy of the register;

1. Criminal facts;