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(영문) 서울동부지방법원 2015.08.12 2014고정1906

부동산실권리자명의등기에관한법률위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

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;

On March 23, 2011, the Defendant entered into a title trust agreement with C on March 23, 201, and the fact was that C purchased KRW 350 million from D with the funds of KRW 103,802,00,000,000,000,000,000,000. However, on May 22, 2011, the “G Licensed Real Estate Agent Office” located in Seocheon-gu, Seocheon-gu, Seoul, as the Defendant for the said apartment, was prepared at the “G Licensed Real Estate Agent Office”’s Office located in the “G Licensed Real Estate Agent Office” as the Defendant, and on May 23, 2011, the Incheon District Court, in accordance with the above title trust agreement, entrusted a real right to real estate by completing the registration of ownership transfer with the owner of the said apartment as the Defendant.

2. The Defendant violated the Resident Registration Act, which was registered in the name of the Defendant, committed a false transfer of his address in order to obtain a loan to the maximum extent possible by collateraling the 802-dong, Seocheon-gu, Seocheon-gu, 103-dong E

On November 5, 2013, the Defendant prepared a move-in report, and submitted it to the public official in charge, to report false facts about the resident registration, even though the Defendant was living in the Dong office of Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, Sungnam-si, Sungnam-si, as if he were transferred to 103 Dong-gu, 103 Dong-dong 802.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Partial statement of the protocol of examination of the accused by the prosecution (including the J's statement);

1. Partial statement of the police interrogation protocol of the accused;

1. Some statements in the police interrogation protocol of K (including the part concerning L, J's statement, and part concerning the defendant's partial statement);

1. The police statement of M;

1. Written complaint (including a certified copy of the attached register and a photograph by capturing a mermerial paper);

1. The resident registration card;