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(영문) 서울중앙지방법원 2014.12.23 2014고정5147

부동산실권리자명의등기에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around September 8, 2008, the Defendant entered into a title trust agreement with Jongno-gu Seoul (Seoul), Jongno-gu 201, the Defendant, to which he owns, the Defendant would have completed the registration of ownership transfer to E, who is his father and mother, of the Defendant, respectively. The Defendant entered into a real estate sales agreement with September 8, 2008, respectively.

After that, around September 17, 2008, the Defendant completed the registration of ownership transfer with respect to Ba 201 from the Jung-gu Seoul Central District Court registry on September 8, 2008 under C’s name, and with respect to Ba 301, the Defendant completed the registration of ownership transfer with respect to Ba 301 on September 8, 2008 under E’s name.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning C, E, F, and D;

1. A certified copy of each real estate register;

1. Application of Acts and subordinate statutes on a real estate sales contract;

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name for Crimes and the Selection of Punishment;

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

1. Articles 70 (1) 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;