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(영문) 서울중앙지방법원 2012.09.21 2012노2466

부동산실권리자명의등기에관한법률위반

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. On July 31, 2012, the Defendant did not submit the appellate brief within 20 days after receiving the notification of the receipt of the trial records from this court on July 31, 2012. However, the Defendant, ex officio, examined the part concerning the charge No. 1 in the instant case.

A. The following facts can be acknowledged by comprehensively taking into account the evidence duly admitted and examined by the court below.

1) Co., Ltd. D (hereinafter “D”)

Around April 2007, E, which operated, entered into an implementation agency contract with K and N, etc. which promoted reconstruction at the time in order to be entrusted with the implementation of the reconstruction project of the Seoul Jung-gu Seoul Metropolitan Government. Around that time, the Defendant sought from E to receive the order of removal works, etc. from among the reconstruction projects, and around August 2007, entered into the construction contract as the head of the Fit-Term Reconstruction Association (K), but on August 6, 2008, K appears to have been promoting the establishment of the reconstruction association in light of the fact that the establishment of the Fit-Term Housing Reconstruction Association was approved on August 6, 2008. (2) On July 2007, 2007, some households, such as G, etc., the owner of the Fit-Term 102, led by N and K, and purchased the housing owned by the executives and the Countermeasure Committee.

3 E purchased No. 102 from the O for reconstruction, can purchase apartment units after reconstruction, and the remainder of KRW 100 million out of KRW 350,000,000,000,000,000,000 from the O is paid to G as the remainder of the purchase amount is known to him, and the remainder of the purchase amount was intended to be paid by means of loan No. 102,00,000,000,000,000,000,000,000,000,000,000,000,000,000, was refused by a financial institution with the approval ofO and G.