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(영문) 청주지방법원 2013.11.01 2013노199
부동산실권리자명의등기에관한법률위반
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant’s ground of appeal 1) Defendant’s assertion of misunderstanding of facts is that an urban development project of the G GJ district in substantial GJ district in Cheongju-si (hereinafter “instant urban development project”).

2) Once the implementation of the Urban Development Promotion Committee, when the members of H District Urban Development Promotion Committee made efforts to carry out a collective housing project as an agent, there was a person wishing to sell the land among the landowners in the process of seeking their consent from the landowners in the project zone for the establishment of the association. The Defendant borrowed the above land as a debtor and borrowed the money to the promoters of the above Promotion Committee as collateral and borrowed the funds necessary for the purchase of the above land to the above promotion committee. The Defendant merely lent the funds to enable the members of the Urban Development Promotion Committee to purchase the land in the above H District, and did not need to acquire the ownership of the land in the instant urban development project. Accordingly, if the urban development project was implemented later, the members of the Urban Development Promotion Committee purchased the land with the members of the Urban Development Promotion Committee, and then the owners of the land actually acquired the above land as the parties to the actual purchase and sale contract, and the Defendant actually acquired the above land in the name of the above members to whom the above land was owned by the above promotion committee without any interest.

B. The lower court’s reasoning for the appeal by the prosecutor is too unfased and unreasonable.

2. The Defendant’s assertion of mistake of facts is determined.

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