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(영문) 부산지방법원 2018.10.31 2018고단3729
부동산실권리자명의등기에관한법률위반
Text

1. Defendant A shall be punished by imprisonment for four months.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] Defendant A was sentenced to imprisonment with prison labor for 8 months and for 2 years of suspended execution on August 25, 2017, for violating the Labor Standards Act in the Busan District Court.

9.2. The person for whom the judgment has become final and conclusive.

[2] Defendant A is the representative director of E Co., Ltd. (hereinafter the “Co., Ltd.”) and Defendant B is the vice president of F, the E Co., Ltd.

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

Defendant

A constructed an apartment building in Busan Shipping Daegu G in Busan, and requested the Defendant B to request the registration of transfer of ownership in his name due to concerns over the loan of financial rights in the name of the company, if the company is registered under the name of the company.

Accordingly, on August 28, 2014, Defendant B prepared a supply contract (general sale) as if he purchases the above real estate, and submitted documents necessary for the registration to E employee I. Defendant B filed an application for registration of transfer of ownership to the above real estate under the name of Defendant B with the Busan District Court Branch of the Busan District Court on the 29th Don-ro 112, Busan District Court on the 20th Don-ro, Busan District Court on the 20th Don-ro, Busan on the 112th Don-ro, Busan on the 29th Don-ro, Busan on the 2014.

As a result, Defendant A was registered in the name of Defendant B, a trustee under the name trust agreement, and Defendant B was entrusted with the name.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police officer and each prosecutor's office's protocol of interrogation of the Defendants

1. A certificate of all registered matters;

1. Previous convictions: Inquiry about criminal history and application of the Acts and subordinate statutes governing Defendant A’s legal statement;

1. Article 7 (1) 1 and Article 3 (1) 1 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (the choice of imprisonment) Defendant B: The person who has the actual right to the real estate;

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