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(영문) 인천지방법원 2016.07.04 2016고정1690
부동산실권리자명의등기에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who owns the shares of corporation B and operates the corporation C.

On September 30, 2014, the Defendant entered into a contract to purchase KRW 274 million with E forest land 239 square meters at the time of the Gyeonggi-do in which he owned by B, Inc., and entered into a contract to purchase KRW 274 million with F and G not a stock company B, and prior to which he obtained consent from F and G to prepare the above transaction contract with respect to the forest land in its name and register the transfer of ownership.

On October 31, 2014, the Defendant had a certified judicial scrivener under his name submit to the registry relevant documents necessary to register the transfer of ownership in the name of F and G with respect to the said forest land, and had him/her register the transfer of ownership in the name of F (1/2 of equity) and G (1/2 of equity) on September 30, 2014.

Accordingly, the defendant registered the real right to real estate B in F and G name according to the nominal trust agreement.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a real estate trade contract, land trade contract, confirmation document, and all certificates of registered matters (time 7);

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Title-holder's Name concerning facts constituting an offense, and Articles 7 (1) 1 and 3 (1) of the same Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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