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(영문) 서울남부지방법원 2018.03.29 2017고정187

부동산실권리자명의등기에관한법률위반

Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is a person who engages in real estate brokerage business.

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

Nevertheless, around October 31, 2009, the Defendant entered into a trust agreement in the name of the Defendant to register ownership transfer in the name of F, while paying and purchasing KRW 320 million jointly with F and G for the first floor E of Yeongdeungpo-gu Seoul Metropolitan Government D, Yeongdeungpo-gu, Seoul (the first floor inside No. 12 of the registration injury, hereinafter the instant real estate) at KRW 12,000,000,000,000 with F.

Accordingly, on December 14, 2009, the Defendant registered the real right to the real estate in the name of the trustee in accordance with the title trust agreement, such as registering the transfer of ownership in the name of the F at the Yeongdeungpo-gu Seoul District Court registration office located in Yeongdeungpo-gu Seoul District Court 1, Yeongdeungpo-gu, Seoul.

Summary of Evidence

1. Recording of a witness’s statement recorded in the recording file of a court recording system among the five-time public trial records;

1. Partial statement recording of a witness F recorded in the recording file of a legal recording system among the four-time public trial records;

1. Receipts (joint investment related);

1. A report on investigation prepared by the prosecutor (Submission of the details of transactions on entering and withdrawing banks) and the details of transactions on accompanying deposits;

1. A written decision on disposal of real estate, a written decision on disposal and authorization of provisional disposition, and a certificate all registered matters; and

1. Application of the Acts and subordinate statutes in the reply

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Title-holder's Name concerning facts constituting an offense, and Articles 7 (1) 1 and 3 (1) of the same Act, and selection of fines;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The real estate in this case was purchased by F on or around October 31, 2009 by itself, and the Defendant lent the purchase price to F at that time, and the above real estate was not trusted in the name of F.

2. The board shall be lawfully made by this court;