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(영문) 의정부지방법원 2021.01.14 2020고정1558
부동산실권리자명의등기에관한법률위반
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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

To the extent that there is no substantial disadvantage to the defendant's exercise of the defendant's right of defense, the phrases of the facts charged were partially revised.

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

B concluded a trust agreement with Defendant A on May 2018 in the name of Defendant A to register the name of Defendant A, in order to avoid heavy taxation on multi-family housing units D apartment units E, which were owned by Defendant A at the time, in order to avoid heavy taxation on multi-family housing units B.

On October 06, 2018, the Defendant and B prepared a sales contract for the above apartment at the G Certified Judicial Scriveners Office located in F in Nam-si, Gyeonggi-do, and the Defendant A registered the transfer of ownership in the name of the Defendant on the ground of the sale of the above apartment in accordance with the trust agreement in the name of the above, at the Do Government District Court, Namyang-gu, Seoul District Court, which was located in 514, Nam-gu, Gyeongyang-si, Gyeong-si, Gyeong-si, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written request for investigation;

1. Notification of a violator of the Real Estate Real Name Act;

1. Registration;

1. A protocol concerning the suspect B of the police;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by telephone from suspects);

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

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