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(영문) 대구지방법원 2018.02.07 2017고정524
부동산실권리자명의등기에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant is a person operating a real estate development project, and C is a criminal defendant.

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

1. On April 2, 2012, the Defendant related to Yongcheon-si purchased KRW 85,400,00 from E and F with respect to Yongcheon-si, and completed the registration of transfer of ownership in the name of C and the agreement to register transfer of ownership with respect to C and the said land in the name of C. On July 2, 2012, the Daegu District Court registration office located in Yongcheon-si, Daegu District Court registered the transfer of ownership in the name of C.

2. On April 2, 2012, G-related Defendant purchased KRW 135,00,000 from H with respect to Yongcheon-si G, and completed a registration of transfer of ownership in the name of Yong-si, Daegu District Court registration office located in Yongcheon-si, Daegu District Court on July 2, 2012, pursuant to an agreement to register transfer of ownership in the name of Yong-si.

Summary of Evidence

1. Each legal statement of a witness I, F, H and J;

1. Each police statement with respect to K and L;

1. A certified copy of each contribution, letter of delegation, certificate of seal impression, process deed, original copy, loan certificate, each contract for sale in lots, details of each account transaction, each real estate transaction contract, each payment note, and non-written copy;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 7(1)1 and Article 3(1) of the former Act on the Registration of Real Estate under Actual Titleholder’s Name (Amended by Act No. 13713, Jan. 6, 2016) on criminal facts and the registration of the name of actual right holder of each of the previous real estate options (amended by Act No. 13713, Jan. 6, 2016)

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

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;

1. Determination on the assertion of the Defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act, which costs of lawsuit

1. The summary of the assertion is Youngcheon-si D and G (hereinafter “each of the instant lands”), and each of the instant lands is “D” and “G land” at once.

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