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(영문) 의정부지방법원 고양지원 2014.03.20 2013고단1935

부동산실권리자명의등기에관한법률위반

Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Criminal facts

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

Around June 2007, the Defendant entered into a title trust agreement with F (E) through E (a person who was de facto in a de facto marital relationship with the Defendant from around 1998 to March 2008), and entered into a title trust agreement with F to register Nos. 209 and 209-1 of the Silsan-dong G Building 209 and 209-1, which the Defendant would purchase.

After that, on June 22, 2007, the Defendant entered into a sales contract to purchase each of the above buildings under the name of Jiduk Industries Co., Ltd., and completed the registration of ownership transfer on June 22, 2007 under the name of the title trustee F in relation to each of the above buildings at the Goyang-gu District Court on March 17, 2008.

Summary of Evidence

1. Statement by the defendant in court;

2. A written accusation;

3. Full certificate of the matters to be registered (No. 31 of the evidence list);

4. Application for transfer of ownership, application of statutes governing a real estate sales contract;

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (amended by Act No. 10203, Mar. 31, 2010);

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.