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(영문) 대전지방법원 2018.02.01 2017고정1438
부동산실권리자명의등기에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. No C may register any real right to real estate in the name of the trustee under the title trust agreement;

Nevertheless, on March 13, 2014, at the real estate office located in Daejeon-dong, Daejeon-dong, the Defendant and the Plaintiff entered into a trust agreement in the name of the Defendant with the content that the ownership registration of a building newly built in the building F-dong, Daejeon-dong, Daejeon-dong, Daejeon-dong, Daejeon-dong, Daejeon-dong, pursuant to the above agreement on June 13, 2014, the registration of ownership preservation was made in the name of the Defendant with respect to the three-story housing located in the Daejeon-dong, Daejeon-dong, Daejeon-dong, Daejeon-dong, the registration of ownership preservation was made in the name of the Defendant.

2. As described in paragraph 1, the Defendant entered into a trust agreement in the name of the Defendant with respect to the building newly built on the land located in the Daejeon Dong-gu F, Daejeon, and registered the preservation of ownership in the name of the Defendant on the three-story housing located in the Daejeon Dong-gu, Daejeon at the time and place described in paragraph 1.

Summary of Evidence

1. A protocol concerning the interrogation of suspect C by the police;

1. Written opinions and accusations;

1. Investigations, inquiries, and answers as to whether each real estate has violated the Act;

1. Notification of a suspected violation of the Act on the Registration of Real Estate under Actual Titleholder's Name;

1. Application of Acts and subordinate statutes reporting investigation results;

1. Relevant Article 7 of the Act on the Registration of Real Estate under Actual Titleholder's Name, and Articles 7 (2) and 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder's Name, and Selection of a fine concerning the crime

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The owner of the third floor house located in the Daejeon Daejeon-gu, Daejeon-gu, is not a trust relationship under the name of the defendant.

2. Determination

A. The fact of recognition (1) was written by the Defendant’s sales contract with the seller and the Defendant as the buyer on March 24, 2014, on the part of the seller and the Plaintiff, and the F.F. 178.7 square meters (hereinafter “instant land”) of the Daejeon-dong, Daejeon-gu, which was owned by G, and the ground bricks and fixtures thereon (hereinafter “existing buildings”) on the purchase price of KRW 230,000,000,000 (hereinafter “existing buildings”).

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