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(영문) 대구지방법원 2018.05.04 2017고정2183
부동산실권리자명의등기에관한법률위반등
Text

The accused shall publicly announce the summary of the judgment of innocence.

Reasons

1. Summary of the facts charged

A. On October 1, 2016, the Defendant, in violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name, purchased a building and site E in Daegu Suwon-gu E (hereinafter collectively referred to as “instant real estate”) from his/her “D” office operated by Suwon-gu, Daegu-gu, for KRW 600 million, and decided that only the name of ownership transfer should be F with the Defendant holding ownership.

On October 28, 2016, the Defendant, at the Daegu District Court located in Daegu, Daegu, Daegu, Daegu, 364, transferred the ownership of the instant real estate under F in its name.

B. The Defendant violating the authorized brokerage law is a person registered to establish a brokerage office with the trade name “D” in Daegu Suwon-gu C.

No certified broker of the opening business shall engage in direct transactions with the client nor act as an agent for both parties to the transaction.

On October 1, 2016, the Defendant directly purchased the instant real estate that was requested by G to sell brokerage from the owner of the said “D” office.

2. Determination

A. The facts charged of the instant case premised on the premise that the person who actually purchased the instant real estate is not F, but F, the name of the registration for transfer of ownership.

The core symbol that is whether a real owner of real estate is the actual owner of the real estate is the burden of the acquisition fund (see Supreme Court Decision 2008Do7546, Jul. 8, 2010). The Defendant borrowed the instant real estate purchase fund or arranged it in one’s own money.

There is a change.

This change is rejected, and it is examined whether F had no intention to acquire ownership by purchasing the instant real estate, and whether it was proved without reasonable doubt as to whether the Defendant used only his name.

B. The F is the parent-child of the Defendant.

The Defendant, out of the real estate purchase fund of this case, 420 million won was created by F with a secured loan, and 30 million won was F’s money and the remainder KRW 150 million was lent to the Defendant.

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