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(영문) 대구지방법원 안동지원 2018.11.23 2017고정106

부동산실권리자명의등기에관한법률위반등

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

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

Reasons

Punishment of the crime

1. On December 23, 2015, the Defendant entered into a trust agreement under the name that “After completing the registration of ownership transfer in the name of Dong-dong E site and 764m2.89m2, Dong-dong site and above-ground housing owned by the Defendant, 51.90m2, and 51.90m2 (hereinafter “instant real estate”), the Defendant shall receive loans from a financial institution as collateral and pay the Defendant the instant real estate amounting to KRW 25 million.” On December 24, 2015, the Defendant completed the registration of ownership transfer in the name of D with respect to the instant real estate, and received loans of KRW 40,000 from the F Association as collateral, and received loans of KRW 2,988,500,00 from G with respect to the instant real estate and received loans of KRW 200,000,000 from G to the Defendant, who was a person living together with D, and received the instant real estate amount of KRW 161,5,1,2015,2,20150,201.

Nevertheless, on November 29, 2016, the Defendant submitted a false complaint stating that “The Defendant acquired the instant real estate owned by the complainant A on December 23, 2015, which was located in Ansan-dong Police Station and in the I Team office located in Ansan-dong Police Station as of November 29, 2016, the Defendant acquired the instant real estate by deception, by failing to pay the purchase price, even though he/she had completed the registration of transfer of ownership of the instant real estate in the name of the Defendant at the Defendant Station on December 24, 2015.” On December 1, 2016, the Defendant made a false statement to the police officer in charge of judicial police investigation and the I Team office as of December 1, 2016 to the effect that “The Defendant acquired the instant real estate by deception, by failing to pay the purchase price.”

Accordingly, the defendant had D without the purpose of having D receive criminal punishment.

2. Any person who violates the Act on the Registration of Real Estate in the name of the person having real right shall have a real right to real estate;