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(영문) 대구지방법원 의성지원 2016.05.12 2016고정19

부동산실권리자명의등기에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall register any real right to real estate in the name of a trustee pursuant to the title trust agreement.

Nevertheless, between B and around October 2012, the Defendant entered into a trust agreement in the name of the Defendant to register No. 2327 of the Busan High-gu Office C building to be purchased by B in the name of the Defendant, and accordingly, registered the transfer of ownership in the name of the Defendant, a trustee under the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes, such as a complaint;

1. Article 7(2) and Article 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name concerning facts constituting the crime, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;