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(영문) 서울중앙지방법원 2015.03.27 2014고단21

부동산실권리자명의등기에관한법률위반등

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of ten months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

"2014 Highest 21"

1. On May 24, 2010, Defendant A’s creditors, F, G, H, I, J, K, L, M, and N filed a lawsuit seeking the return of unjust enrichment against Defendant A with the Seoul Southern District Court and rendered a favorable judgment to the same court on December 17, 2010 that “A shall pay the total amount of KRW 237,970,000 to them.”

Defendant

A is highly likely to be subject to compulsory execution of the Defendant’s property in the process of the foregoing lawsuit, and the fact was concluded with Defendant B, which concluded a title trust agreement with Defendant B, stating that “A and a title trustee are the wife B,” and intended to transfer the registration in the name of theO. A.

Defendant

A In accordance with the above public offering around November 20, 2010, at the real estate brokerage office located in Seocho-gu Seoul Metropolitan Government P, the Defendant prepared a sale certificate stating that he sells Q, R, S, T land and buildings on the land owned by the Defendant and the land on the R, to O, Defendant B, the wife of the Defendant, and completed the registration of ownership transfer for the above real estate at the Chuncheon District Office located in Gangwon-si, Gangwon-do, Gyeongsung-si, Seoul, Seoul, for sale on the same day.

Accordingly, in order to escape compulsory execution, the Defendant falsely transferred the property, and registered the real right to real estate in the name of the title trustee according to the title trust agreement.

B. According to the above conspiracys by Defendant B, the Defendant had O, who is aware of the circumstances, do so.

As described in paragraph (1), A prepared a sale certificate stating that Q, R, S, T land, and buildings on the said RR are sold to theO, and the Chuncheon District Court shall have the Chuncheon District Court completed the registration of ownership transfer for the reason of sale and purchase of the said real estate in the name of the title trustee in accordance with the title trust agreement.