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(영문) 의정부지방법원 2013.04.26 2013고단420

부동산실권리자명의등기에관한법률위반

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A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

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.

1. On September 30, 2010, the Defendant purchased the above B B large scale 352 square meters owned from C on September 30, 2010, and obtained the above C and D’s consent to title trust with friendship D.

On November 5, 2010, when requesting a judicial scrivener office located in Incheon to file an application for the registration of ownership transfer of the above land, the Defendant issued a sales contract, etc. on October 4, 2010 with the seller C and the purchaser D, thereby completing the registration of ownership transfer under the name of D as the receipt No. 30431 on November 5, 2010.

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

2. On September 30, 2010, the Defendant purchased the pertinent FF large 405 square meters owned by C from September 30, 2010, and subsequently obtained consent from the said C and G with the intent to title trust the said land to G, who is the land, and obtained consent from the said C and G.

On January 5, 2012, the Defendant requested the Seocho-gu Seoul Seocho-gu Certified Judicial Scriveners Office for the registration of ownership transfer of the above land, and issued a sales contract, etc. as of December 19, 201 with the seller C and the purchaser G, thereby completing the registration of ownership transfer under the name of G as the receipt No. 363 on January 5, 2012.

Accordingly, the Defendant registered the real right to the above land in the name of G, a title trustee, according to the title trust agreement.

3. The Defendant, as to “Operation of I Building” on the above ground B, newly constructed “Operation of I Building,” which is a multi-household, on the land purchased in accordance with the above paragraph (2), and obtained the Defendant’s consent from J with the intent to title trust.

The defendant shall be in the office of a certified judicial scrivener with mutual incompetence around February 2012.