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(영문) 부산지방법원 서부지원 2019.07.25 2018고단2406
부동산실권리자명의등기에관한법률위반등
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

B is a real building owner who has constructed a building with permission under the name of the defendant who is the owner of the building for relocation in Gangseo-gu Busan Metropolitan Government.

The defendant is the owner of the building located in Gangseo-gu Busan Metropolitan City, who sells the right to interest in the building.

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

Nevertheless, the Defendant agreed to sell the right of relocation to B, who is the owner of the actual building, and to newly construct the building and to register the ownership of the building with permission under his name.

On June 9, 2015, the Defendant made a registration of preservation of ownership under the name of the title trustee under the title trust agreement with respect to the Busan Gangseo-gu C building that was newly constructed by B at the Gangseo-gu Busan District Court's Gangseo-gu Office of Registry of Gangseo-gu, Busan District Court pursuant to the said agreement.

Summary of Evidence

1. Defendant's legal statement;

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

1. Current status of the relocation permission and details of changes in the ownership of buildings in Gangseo-gu;

1. All the matters to be registered;

1. A report on the use of construction, substantial repair, and application for change;

1. The application of statutes governing the management of building report, consultation following an application for building permission, and notification of building permission;

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

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

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