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(영문) 서울중앙지방법원 2016.08.31 2016고단3604
부동산실권리자명의등기에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation E located in both weeks, and Defendant B has worked as the president of the above corporation.

1. On July 29, 2009, Defendant A entered into a trust agreement under the name to register the transfer of ownership in the name of the above real estate in the name of B, with the purchase of F forest land 355 square meters in Yangju-si around July 29, 2009, and the Defendant completed the registration of the transfer of ownership in the name of B on July 30, 2009 between the time when the above real estate was sold in the name of B and October 4, 201, and completed the registration of the transfer of ownership in the name of B in the same manner as the attached list of crimes, respectively.

Accordingly, the Defendant registered the real right to the above seven parcels of real estate in the name of the trustee under the nominal trust agreement.

2. The Defendant: (a) on August 26, 201, the Defendant entered into a trust agreement under the name of the Defendant to register the transfer of ownership in the name of the said real estate in the name of the Defendant; (b) on September 1, 2011, the Defendant had the Defendant complete the registration for the transfer of ownership based on the sale of the said real estate in the name of the Defendant at an insular place; and (c) from around that time to October 4, 201, the Defendant had the Defendant complete the registration for the transfer of ownership in the name of the Defendant in the same manner as the following crimes Nos. 4 through 7.

Accordingly, the Defendant registered the real right to the above four parcels of real estate in the name of the Defendant, a trustee under the name of the trust agreement.

Summary of Evidence

1. Defendants’ legal statement

1. A written accusation;

1. Contract for trading;

1. Application of Acts and subordinate statutes governing registration;

1. Article 1 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (amended by Act No. 10203, Mar. 31, 2010)

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