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(영문) 창원지방법원 2020.06.25 2020고정273

부동산실권리자명의등기에관한법률위반

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

B is a non-career, and the defendant is a religious person and a family member.

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

Nevertheless, in collusion with the Defendant and B, around March 16, 2017, at the office located in Kimhae-si, and around the land owned by B, B newly constructed a general steel structure and a 423m2 and 48m2 on the land owned by it, the Defendant demanded that the registration of ownership be made in his/her name, and the Defendant accepted it and registered the ownership preservation in his/her name as of April 18, 2019.

Accordingly, the defendant and B made a registration of preservation of ownership, a real right to real estate under the name of the trustee according to the title trust agreement.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the building registry, general building ledger, content-certified mail-related Acts and subordinate statutes;

1. Relevant provisions concerning facts constituting an offense, and Articles 7 (2) and 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, for the Selection of Punishment;

1. Articles 70 (1) 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;