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(영문) 인천지방법원 2014.10.27 2014고단1298
부동산실권리자명의등기에관한법률위반
Text

A fine of two million won shall be imposed on a defendant.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

No one shall register any real right to real estate under the name of the title trustee according to the title trust agreement.

Nevertheless, the Defendant agreed to obtain a loan as a community credit cooperative as security after transferring the ownership of the above C Apartment between E and the Defendant, who is the representative director of D, a corporation that constructed C Apartment in the Mapo-gu Seoul Metropolitan Government and eight lots of land.

Accordingly, the Defendant entered into a title trust agreement with D office located in Mapo-gu Seoul Metropolitan Government on May 2009 without purchasing the above C apartment 203 from D, and issued a certificate of personal seal impression, a certified copy and abstract of resident registration, a certificate of personal seal impression, etc. necessary for the transfer of name, and had the above C apartment 203 completed the registration of ownership transfer on May 29, 2009 with the name of the Defendant on May 20, 2009.

Accordingly, the Defendant registered the real right to real estate under the name of the title trustee according to the title trust agreement.

Summary of Evidence

1. Protocol concerning the interrogation of each police suspect regarding E;

1. Statement of the police statement concerning the defendant and G;

1. Copy of the judgment of the Seoul Western District Court and a copy of the protocol of trial;

1. A written accusation;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions concerning facts constituting an offense: Articles 7 (2) and 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: It is so decided as per Disposition for the reason under Article 334 (1) of the Criminal Procedure Act;

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