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(영문) 청주지방법원 충주지원 2017.09.13 2016고정88
부동산실권리자명의등기에관한법률위반
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Defendant shall be punished by a fine of KRW 3,000,000.

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 in the name of a trustee pursuant to the title trust agreement.

Nevertheless, in 203, the Defendant decided to purchase 330.58 square meters from E, in addition to the public prosecution that owned 2/24 shares of the Dong-gu Seoul Special Metropolitan City, Seoyang-gu, Gyeonggi-do, in order to purchase the 330.58 square meters of the D forest, but was designated as the land transaction permission area and could not be registered for the transfer of ownership, and agreed to be entrusted to F, other than the public prosecution that intended to purchase the 661.16 square meters from E, and the above F purchased E and 132.32 square meters of the land around November 5, 2003. The Defendant paid the purchase price of KRW 120 million to the above F around December 16, 200.

Afterward, the defendant was released from the land transaction permission zone in around 2011.

4. On December 12, 198, F and F, a trustee of title, made a registration of transfer of ownership in the name of F, and made a registration of transfer of ownership in the name of the Defendant on the same day on the same day.

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

Summary of Evidence

1. The defendant's legal statement (as at the sixth public trial date);

1. A copy of the written answer;

1. Application of statutes on a certified copy of register;

1. Article 7 (1) 1 and Article 3 (1) (excluding punishment) of the Act on the Registration of Real Estate under Actual Titleholder's Name, and Articles 7 (1) 1 and 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder's Name for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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