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(영문) 청주지방법원 2016.04.28 2015고단1316

부동산실권리자명의등기에관한법률위반등

Text

Defendant

A A shall be punished by a fine of KRW 7 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. No person who commits a joint crime by the Defendants may register a real right to real estate in the name of the trustee under the title trust agreement.

However, around February 201, 201, Defendant A requested Defendant B to enter into a real estate sales contract with Party B, which is the owner of the land and multi-household housing located in Heak-gu, Chungcheongnam-gu, Cheongju-si, and the owner of the land and multi-household housing located in Heak-gu, Cheongju-si, to lend the name of the registration of transfer of ownership. Defendant B consented thereto, and Defendant B put his seal, identification card, and certificate of personal seal necessary for the above real estate sales contract and the registration of transfer of ownership.

After that, Defendant A entered into a contract for the sale of the above E and the above real estate at the J office located in Cheongju-si, equivalent to the Cheongju-si, around February 24, 201, and Defendant A purchased the above real estate, despite the fact that Defendant A purchased the above real estate, Defendant B entered into a contract for the sale of the real estate under the above title trust agreement with Defendant B as the buyer, and on March 22, 201, Defendant B entered into a registration for the transfer of ownership under Defendant B’s name.

Accordingly, Defendant A entrusted Defendant B with the name of the actual right holder in accordance with the trust agreement in the name of the real right to real estate, and Defendant B entrusted Defendant A with the name of the actual right holder in the name of the real right holder in real estate.

2. Defendant A was unable to engage in financial transactions on his own as a de facto bad credit standing and did not have any particular property under his own name, and even if the ownership of the real estate was transferred from the victim E due to economic circumstances such as the seizure of the apartment house in which he actually resided, there was no intention or ability to pay the balance of 15 million won.

In this regard, the Defendant, around March 22, 201, in the Jung-gu Seoul Special Metropolitan City, Seo-gu, Chungcheongnam-gu, Cheongju-si, and the seller, “The outstanding amount of KRW 347,500,000,000,000 which was not yet settled among the purchase price of the building site and detached houses located in He Special Metropolitan City, Cheongju-si, and KRW 15 million.