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(영문) 광주지방법원 목포지원 2015.10.16 2015고정40
부동산실권리자명의등기에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Notwithstanding that the real right to real estate was not registered under the name of the title trustee pursuant to the title trust agreement, the Defendant, on December 15, 2009, made a change of the construction participants in the name of the Defendant’s Dongpo-si Froom in the name of the Defendant’s Dongpo-dong, and made a title trust on the 17th of the same month, after completing a registration of ownership preservation under the above B’s name.

2. As described in paragraph (1) above, Defendant B received title trust the above Fudio owned by A, and completed registration of ownership preservation in the name of the Defendant.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness B and G in part;

1. Each police interrogation protocol against the Defendants

1. Each police statement of H;

1. A certified real estate register;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of Materials Submitted to Suspects);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Articles 7(1)1 and 3(1) of the former Act on the Registration of Real Estate under Actual Titleholder’s Name (amended by Act No. 10203, Mar. 31, 2010; hereinafter the same)

B. Articles 7(2) and 3(1) of the former Act on the Registration of Real Estate under Actual Titleholder’s Name (Selection of Fines)

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

1. Article 334 (1) of the Criminal Procedure Act, each of the orders for provisional payment;

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