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Reasons
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(영문) 수원지방법원 안산지원 2014.02.11 2013고정1977
부동산실권리자명의등기에관한법률위반
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Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On February 9, 2009, the Defendant: (a) prepared a real estate sales contract to purchase a 4 story (Nos. 402, 403, 404, 405, 406, 407, and 408) of the B-site and C-site 600.6m2m2 and C-site 600m2; and (b) registered the ownership transfer under the name of the de facto owner of the real estate in accordance with the title trust agreement, despite the fact that the Defendant had to register the ownership of the said real estate in the name of the de facto owner of the real estate by paying KRW 350 million for the purchase price of KRW 350 million from D, A, and E; and (c) registered the ownership transfer under the name of the de facto owner of the real estate in accordance with the title trust agreement.

2. On March 27, 2009, the Defendant: (a) prepared a real estate sales contract to purchase one story (No. 110, 111, 12, 113, and 114) of B site B and C site 600.6 square meters from seller D, A, and E to purchase KRW 500 million from seller D, A, and E; (b) paid KRW 500 million on the same day; and (c) registered the ownership transfer under the name of the actual right holder in accordance with the title trust agreement, to ensure that the ownership of the said real estate was acquired in the name of the actual right holder.

Summary of Evidence

1. Part of the police investigation protocol concerning the accused;

1. Each police statement made to F, G, Defendant, and H;

1. A written answer;

1. Application of Acts and subordinate statutes, such as a real estate sales contract ( March 27, 2009) and a real estate sales contract (fourth floor);

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, for facts constituting an offense, and Articles 7 (1) 1 and 3 (1) of the same Act;

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

1. Articles 70 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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