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(영문) 의정부지방법원 2013.06.27 2013고정1236
부동산실권리자명의등기에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On December 24, 2009, the Defendant entered into a title trust agreement with C Co., Ltd., a representative director, to register the said land in the name D at the time of the Gyeonggi Yang-si purchased, and entered into a false sales contract with D.

On December 29, 2009, the Defendant completed the registration of transfer of ownership in the name of D based on sale in the registry office where his employee is unable to know his name through a certified judicial scrivener office.

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

2. On January 2010, the Defendant entered into a title trust agreement with D to grant a registration of ownership preservation in the name of D, where a factory is newly constructed on the land located in Yangju-si, Yangju-si, with the funds of the said C Co., Ltd., for the first time, on the money of the said C Co., Ltd.

On June 25, 2010, the defendant completed the registration of the preservation of ownership in the name of D in relation to the movement subparagraph B at the Gyeonggi Yang-si Office where the employees cannot know the name of the E certified judicial scrivener office.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of a certified land register, a certified land register, a land sales contract copy or a copy;

1. Relevant Article on the facts constituting an offense, and Articles 7 (1) 1 and 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name as to the option of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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