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(영문) 대구지방법원 2019.04.30 2018고정1168
부동산실권리자명의등기에관한법률위반
Text

Defendant

A A shall be punished by a fine of 2 million won, and Defendant B shall be punished by a fine of 1.5 million won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

The title truster A and the title trustee Defendant B are those who are in a South-North relationship.

In spite of the fact that any real right to real estate is not registered under the name of the title trustee pursuant to the nominal consignment agreement, the Defendants entered into a title trust agreement with respect to the sale and purchase of real estate of the Daegu Suwon-gu C apartment D, Daegu-gu, A owned by the Defendant on February 10, 2017, and entered into a sales contract with respect to the sale and purchase of real estate of the real estate of the Defendant, and on March 27, 2017, violated the obligation to register the ownership of the said real estate under the name of the title holder with respect to the registration in the name of the Defendant B.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each sales contract for a C apartment;

1. Investigation reports (related to details of transactions in A account of a suspect);

1. Application of the Acts and subordinate statutes to notify data in violation of the Act on the Registration of Real Estate under Actual Titleholder;

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name; Defendant A selected as a fine: Article 7 (2) and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name; Articles 7 (2) and 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order

1. Since Defendant A actually sold an apartment to Defendant B, the Defendants’ act does not constitute a title trust.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by the court of this case, namely, after the sales contract for the apartment of this case for the apartment of this case, Defendant B did not actually succeed to the secured debt of KRW 332,50,000 to E Co., Ltd., the mortgagee, and the interest on the above loan was borne by Defendant B, the husband of the Defendant F, and the acquisition tax and registration tax due to the acquisition of the apartment of Defendant B were borne by Defendant A.

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