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(영문) 인천지방법원 2013.04.15 2013고정741

부동산실권리자명의등기에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person may register any real right to real estate under the name of the title trustee according to the title trust agreement.

The Defendant, even though he was a de facto holder who purchased No. 402, Dong 1, Dong 1, Dong 402, Incheon Gyeyang-gu, and acquired it in the name of B, did not register it in the name of B, and completed the registration of ownership transfer in the name of the Defendant on July 27, 2012 according to the title trust agreement with B.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning B;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of contract (C building);

1. Article 7 (2) and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, which is applicable to the facts constituting an offense, and Articles 7 (2) and 3 (1);

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

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