beta
(영문) 의정부지방법원 2015.02.12 2015고정69

부동산실권리자명의등기에관한법률위반

Text

Defendant

B The Defendant A shall be punished by a fine of 4,000,000 won, and a fine of 2,00,000 won, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

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;

A. On April 20, 2012, Defendant B issued a registration of initial ownership by requesting registration of initial ownership to A, who was registered under the name of the representative director, while constructing a three-story building on the land owned by Defendant C, etc. in the Nam-si, Nam-si, 2012.

B. Defendant A made a registration of preservation of ownership of the said real estate in his name according to the title trust agreement with the above temporary border, the above location, and the B.

2. In order to alter the use of a building differently from that permitted in the urban area in violation of the Building Act by Defendant B, the permission shall be obtained from the competent authorities in advance.

On June 2014, the Defendant did not obtain permission from the competent authority, while changing the use of the two floors of the building (the use of a sports hall facility, the use of a 211.2 square meters) and three floors (the religious assembly facility, the 211.2 square meters) into a screen golf course different from the permitted content.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. A written accusation, a written statement and investigation report on the person in charge, a report on the results of a business trip, and a general building ledger;

1. Application of statutes on site photographs;

1. Relevant legal provisions pertaining to criminal facts: Articles 108(1), 19(1) and (2) of the Building Act (the point of unauthorized change of use), Articles 7(1)1 and 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (the point of title trust), and Article 7(2) and Article 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (the point of title trust), Defendant A who selects each fine: Articles 7(2) and 3(1) of the Act

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

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act