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(영문) 수원지방법원 안산지원 2016.07.14 2016고정675
부동산실권리자명의등기에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On April 15, 2008, the Defendant, in violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name, purchased the land and the building on the land and the ground (hereinafter “instant real estate”) in his/her father’s name, Ansan-si, Masan-si (hereinafter “instant real estate”) in the name of his/her father, who was sentenced to an extract of his/her father around early 2009, and was unable to live outside of three months, he/she was able to move the name of the instant real estate in the name of C, which was the land owner.

Accordingly, the Defendant, within his father's residence in Ansan-si, Masan-si, Masan-si in March 2009, stated that the father "I think that the father's salkite is defry, but less than three months thereafter.

In the name of the father, “I would not know if you will be registered in the future,” and upon permission by C, C entered into a trust agreement in the name of the ownership of the instant real estate, and on May 12, 2009, registered the transfer of ownership in the name of C with respect to the instant real estate.

Accordingly, the Defendant registered the ownership of the instant real estate in the name of the nominal trustee C according to the nominal trust agreement.

2. Around November 23, 2010, the Defendant: (a) leased the instant building No. 103 to the Victim E, who was the actual owner of the multi-family house located in Ansan-si, Gosan-si (hereinafter “instant building”); and (b) the victim transferred his/her residence to 103 of the instant building to his/her domicile around that time.

On January 4, 2011, the Defendant stated that, within the victim’s residence of the instant building No. 103, “A building located in Ansan-si, the same building as another building owned by the Defendant is under auction, and the victim’s address may be transferred to the Gu B B 102, an auction dividend of KRW 14 million, which is the case where the victim’s address may be transferred to the Gu B 102 in Ansan-si.”

However, in fact, the defendant needs money, and the defendant is in the domicile of the victim who is a lessee in receiving money as security.

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