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(영문) 수원지방법원 2015.09.24 2015고정1397

부동산실권리자명의등기에관한법률위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is the owner of land D and E, who carries out a construction project with the trade name "F", and Defendant B is the former duties of H, a development executor, such as G land passing through the roads passing through the above D land.

Defendant

A around October 24, 2012, a real estate sales contract was concluded for the sale of the above D land to Defendant B. At the time, the condition was “after Defendant A obtained permission for development of the above E land, Defendant A planned to remove each building on D land and E land,” but in order to avoid the payment of development charges, Defendant A transferred the ownership of the above E land in the name of Defendant B, the wife of Defendant B, and obtained permission for development in the name of I. In order to avoid the payment of development charges, Defendant A actually sold the above D land to Defendant B, but the actual sale of the above D land in the name of Defendant B was made on the real estate register, but Defendant A sold the real estate register to Defendant B. However, due to the real estate registration injury, Defendant A exchanged the above E land in the name of Defendant B, the wife of Defendant B.”

On April 16, 2013, according to the above title trust agreement, the Defendants registered the land under Defendant A’s name in the name of the title trustee I with respect to the Suwon-si District E under Defendant A’s name.

Accordingly, the Defendants conspired to register the real right to real estate in the name of the title trustee according to the title trust agreement.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. A protocol of suspect examination of the police officer regarding I;

1. Written Statement;

1. Investigation report (Perusal of suspect interrogation protocol which suspect A has made statements), suspect interrogation protocol of the police against the defendant A who was made public inspection, and certified copy of cadastral map;

1. Copies of the judgment of Suwon District Court 2014Kahap8670; and

1. Application of Acts and subordinate statutes to the written charge of accusation and the documents attached to the written charge of accusation (Evidence Nos. 4 through 6);

1. Registration of each real estate under the name of its actual right holder, as well as corresponding legal provisions concerning facts constituting an offense;