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(영문) 서울남부지방법원 2014.06.19 2014고정1401

부동산실권리자명의등기에관한법률위반

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant operates the KT Agency with the trade name of "B".

On September 15, 2005, the Defendant entered into a contract for the sale of the third floor, 334, 335, 369, 9, 345, 346, and 364 of the Guro-gu Seoul Metropolitan Government building C, and paid the balance on November 30, 2007, and transferred the ownership to the company on August 14, 2008 ( August 13, 201) within three years after the trust property belongs to the company. However, the Defendant transferred the ownership under its own name on November 29, 2013, despite the fact that the ownership transfer should be made within three years after the trust property belongs to the company. < Amended by Presidential Decree No. 23358, Aug. 13, 2011>

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. A written accusation;

1. Details of real estate inspection, and application of Acts and subordinate statutes;

1. Article 10 (5) and (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, for facts constituting an offense, and Article 10 (5) and (1) of the same Act;

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant: (a) filed a provisional attachment registration in the name of a third party on July 5, 201 with respect to the instant real estate; (b) revoked on September 26, 2013; and (c) received notification of the cancellation of the said provisional attachment registration from the Radar Development Co., Ltd., a seller on October 15, 2013; (b) accordingly, two years and four months in total; and (c) the Defendant requested the Radar Development Co., Ltd. to deliver documents necessary for filing an application for ownership transfer registration at around October 2008; (d) even if the said company requested the issuance of documents necessary for filing an application for ownership transfer registration, two years and six months in total, which is two months and six months, which is the sum of the periods for which the said company delayed, should not be included in the period of registration under the proviso to Article 10(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name.