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(영문) 의정부지방법원 2016.03.25 2015고단2094
부동산실권리자명의등기에관한법률위반
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Defendant

A Imprisonment for six months, and each of the defendants B shall be punished by a fine of KRW 1,00,000.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. No person who is a defendant shall register a real right to real estate in the name of a trustee under the title trust agreement;

Nevertheless, on August 27, 2014, the Defendant entered into a trust agreement with B on the part of the Defendant, stating that “B has the above loan name for three months only,” which is the Defendant’s ownership, at H real estate office located in Dongbcheon-si, Dongbcheon-si, Dongbcheon-si.” On August 27, 2014, the Defendant entered into a trust agreement with B on the part of “B to pay the interest on collateral loan.” On August 27, 2014, the Do Government District Court, Dongbcheon-cheon registry, which entered into the ownership transfer in the name of B as to the said I loan No. 202.

Accordingly, the Defendant transferred the ownership under B’s name, a trustee, according to the nominal trust agreement.

2. Defendant B, at the same time, at the same time and place as indicated in paragraph 1, accepted the consignment from Defendant B with respect to the said I Loan No. 202, and entered into a trust agreement with A in the name of the trust. On August 27, 2014, the Do Government District Court, Dongbcheon registry, Dongbcheon, entered into a trust agreement with Defendant on the said I Loan No. 202 under the name of the Defendant.

Accordingly, the Defendant transferred ownership to the name of the Defendant, a trustee, according to the name trust agreement.

Summary of Evidence

1. Defendant B’s legal statement

1. Each legal statement of the witness J and B;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Statement made by each prosecutor in relation to J and B;

1. A copy of each real estate lease agreement, and a certificate fully registered;

1. Two copies of a real estate transaction contract and receipt;

1. The defendant A and his defense counsel asserted that the real estate of this case was actually sold to the defendant B and that there was no nominal trust.

However, in light of the following circumstances acknowledged by the court’s duly admitted evidence, Defendant A and his defense counsel are recognized as having entrusted the instant real estate to Defendant B, and thus, Defendant A and his defense counsel.

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