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(영문) 대구지방법원 2015.08.19 2014고정2734
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

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

Nevertheless, on November 3, 2011, the Defendant: (a) concluded a title trust agreement to register the transfer of ownership with respect to the said real estate in the name of the title trustee, after completing the registration of ownership transfer on the ground of sale and acquisition; and (b) registered the ownership of the said real estate under the name of the title trustee, which is a real right to the said real estate, in the name of the Defendant, as the Defendant purchased the

Summary of Evidence

1. Each prosecutor's interrogation protocol on the accused and E;

1. The suspect interrogation protocol of the police as to B;

1. The police statement concerning F;

1. A loan application, a contract to establish a collateral and a contract to establish a superficies;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Article 7 (2) and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder's Name, which is applicable to the facts constituting an offense and the selection of punishment;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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

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