부동산등기특별조치법위반
Acquittal of the accused shall be acquitted.
1. Where a person who has entered into a contract with the purport to have the ownership of real estate transferred intends to enter into such contract with a third party again concerning the ownership transfer or a contract to transfer the ownership transfer to a third party after the date the contract becomes effective, he/she shall apply for the registration of ownership transfer according to a contract concluded in advance with the third party before entering into such contract;
Nevertheless, the Defendant entered into a sales contract with D, the former owner of Seo-gu, Seoan-gu, Seoan-si (2,501 square meters), and D, the former owner on July 18, 1996, without filing an application for registration of transfer of ownership under his/her name, even though he/she received any balance.
Accordingly, the Defendant concluded a contract with the content that the ownership of real estate should be transferred and concluded a contract with the third party without applying for the registration of ownership transfer according to the first contract even though the parties to the contract completed the performance of the consideration.
2. The offense of violating the Act on Special Measures for the Registration of Real Estate is an offense punishable by imprisonment with prison labor for not more than three years or by a fine not exceeding thirty million won under Article 8 subparag. 1 and Article 2(2) of the Act on Special Measures for the Registration of Real Estate, Article 250 of the Criminal Procedure Act, Article 50 of the Criminal Act, Article 3 of the Addenda to the Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007) and Article 249(1)5 of the former Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007).
Witness
D. According to the legal statement of D and F, and the statement of a real estate sales contract (No. 1), it can be acknowledged that the real estate sales contract concerning the real estate of this case between D and the school juristic person E-private teaching institutes (the defendant is stated as the guarantor) was concluded on August 1, 200, unlike the facts charged. Thus, the public prosecution of this case is three years from the date of conclusion of the above sales contract.