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(영문) 광주지방법원 해남지원 2019.07.18 2019고정12

부동산실권리자명의등기에관한법률위반

Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. No person who is a defendant A shall register any real right to real estate under the name of the title trustee according to the title trust agreement;

A. On April 13, 2015, the Defendant completed the registration of ownership transfer in the F alone name, which is based on sale and purchase, even though he/she purchased from C Co., Ltd. a building of 31m2, 311m2, 1,759m2, and 10m2, 57m2, located in the Seoul Special Metropolitan City Office of Do in 57m2, Jeonnam-do, Seoul Special Metropolitan City.

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

B. On October 26, 2016, the Defendant purchased buildings of 311 square meters in Do-gun, Jeonnam-do and buildings of 311 square meters in Do-gun and 1,759 square meters in common with B from F, the Defendant completed the registration of ownership transfer in the sole name of B, which is based on sale and purchase of each of the above real estate.

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

2. No real right to real estate shall be registered under the name of the title trustee pursuant to the title trust agreement;

The Defendant, around October 26, 2016, purchased buildings of 311 square meters in Do-gun, Jeonnam-do and buildings of 311 square meters in Do-gun, Jeonnam-do, and buildings of 1,759 square meters in common with A at the Do-do District Court of Gwangju-do located in 57, Jeonnam-do-si, Jeonnam-do, and completed the registration of ownership transfer under the sole name of the Defendant, which was based on sale and purchase of each real estate

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

Summary of Evidence

1. Each legal statement of the Defendants (as of the third trial date)

1. A written accusation prepared by G;

1. A certified copy of each register;

1. The application of Acts and subordinate statutes to recording stenographic records (100 pages of investigation records);

1. Relevant Articles of the Act concerning the facts constituting the crime;