beta
(영문) 춘천지방법원 강릉지원 2016.12.08 2016고정233

부동산실권리자명의등기에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

On January 2, 2014, the Defendant and B agreed to provide C with land of 1,66 m2,00 square meters prior to D, a third party leased from C, and B agreed to newly construct a new building on the said land to operate a restaurant and distribute the profits therefrom.

B around May 2014, the Defendant entered into a title trust agreement with respect to the registration of ownership preservation of the building in the name of the Defendant, as it did not obtain the consent to use the land from C, which is the owner of the above land.

On May 1, 2014, the Defendant completed the registration of preservation of ownership in the name of the Defendant, a title trustee, in relation to a building of 163.65 square meters in a general steel structure, which was newly constructed by B on the land of 1,666 square meters in Samcheon-si, Sejong-si, Samcheon-si.

Accordingly, the Defendant registered the real right to real estate in the name of the Defendant according to the title trust agreement.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Accusation of a violator of the Act on the Registration under the name of the person having actual right to real estate, and application of statutes governing full certificates;

1. Article 7 (2) and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, which is applicable to the crime and the selection of a fine;

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;