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(영문) 대구지방법원 경주지원 2016.06.09 2015고단1109

부동산실권리자명의등기에관한법률위반등

Text

Defendant

A shall be punished by imprisonment for six months, by a fine of 3,00,000 won.

(2) the date of this judgment.

Reasons

Punishment of the crime

Defendant

On July 3, 2014, A was sentenced to imprisonment of one year and three months for fraud, etc. in Daegu District Court racing support, and that judgment was finalized on January 15, 2015.

1. Defendants in violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name conspired to purchase “G studio” in the name of Defendant B, which is in the D, E, and F of the racing-si.

On March 16, 2011, the Defendants submitted relevant documents, such as the purchase and sale agreement, to Defendant B, through his/her nameless legal history, at the Daegu District Court racing support located in Dong-dong, Daegu District Court, Dong-si, Daegu District Court, on the same day. On the same day, upon completing the registration of transfer of ownership on the same day, the Defendants transferred ownership under the name of Defendant B, the trustee.

2. On August 31, 201, Defendant B: (a) registered the transfer of ownership of “H and its ground buildings at the time of racing” and “I and its ground buildings at the time of racing”; and (b) Defendant A is the real owner of the said real estate.

On July 26, 2012, the creditor J filed a claim for damages against the Defendants with the Busan District Court.

The Defendants, who are likely to be subject to compulsory execution on the said real estate, had the ownership of the said real estate transferred to their family members for the purpose of evading it.

A. On May 24, 2013, the Defendants: (a) at the Certified Judicial Scriveners Office located in K in K, on May 24, 2013, the Defendants registered the ownership transfer on the grounds of sale to Defendant A, a fraudulent person, for the purpose of Defendant A’s ownership transfer.

B. The Defendants completed the registration of ownership transfer on the ground of sale to N, who is the husband of the Defendant A, at the same time and at the same place as in the preceding paragraph, on the ground that the said “I and its ground buildings” was sold to N.

As a result, the Defendants conspired to transfer the said real estate for the purpose of evading compulsory execution.

Summary of Evidence

1. Defendants’ legal statement

1. A written protocol concerning the examination of the suspect against the defendant A by the prosecution;

1. Statement made by the prosecution against theO;