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(영문) 제주지방법원 2017.11.29 2017고단1725
부동산실권리자명의등기에관한법률위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

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

Nevertheless, on January 10, 2012, the Defendant entered into a trust agreement with F in order to avoid the creditor's revocation lawsuit, compulsory execution, etc. against the forest land located in E at Jeju District Court on August 5, 2011, when the Defendant had been operating the Defendant at the C Office of the Co., Ltd., Ltd., Ltd., which had been raised by the son D around August 5, 201, and accordingly, on January 30, 2012, the Jeju District Court registered the ownership transfer of the said real estate in the name of trustee F in the name of the trustee.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or G by the police;

1. Application of statutes on a certified copy of register;

1. Article 7(1)1 and Article 3(1)1 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (Amended by Act No. 13713, Jan. 6, 2016); the selection of fines for criminal facts;

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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