beta
(영문) 수원지방법원 안산지원 2014.08.14 2014고정1078

부동산실권리자명의등기에관한법률위반등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

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 July 2009, the Defendant concluded a title trust agreement with the title truster and the title trustee C, wherein the Defendant was a title truster and the title trustee, at a place where the Defendant was not a policeman at the early police station, that read, “the Defendant purchased the sole house located in YY-gu, Ansan-si, Ansan-si.”

On July 25, 2009, the Defendant purchased the above single house from E at the office of licensed real estate agents located in Ansan-si, Seosan-si, the Defendant prepared a real estate sales contract with the transferee as the above C, and completed the registration of ownership transfer for the above single house in the name of Suwon District Court in the same day.

Accordingly, the Defendant registered the real right to real estate under the name of the title trustee according to the title trust agreement.

2. At around 17:00 on March 8, 2012, the Defendant was present as a witness of the lawsuit seeking compensation for damages (No. 201Gahap1658) at the court of Suwon District Court (No. 308) located in Ansan-si, Ansan-si (U.S.) in order to take an oath and take testimony.

The Defendant testified to the Plaintiff’s agent “I became aware of the fact at any time that the sole house in Ansan-gu D violated the Building Act was a building in violation of the Building Act,” and the witness testified to the Plaintiff’s agent “I have been aware of the fact that the house was in violation of the Building Act, at any time,” and “I have confirmed that E had no fact of violating the Building Act.”

However, the defendant was aware of the fact that the above single house was illegal buildings in violation of the Building Act from the time of purchasing the above single house from E.

Accordingly, the defendant made a false statement contrary to his memory and raised perjury.

(i) the evidence;