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(영문) 대구지방법원 김천지원 2021.01.14 2020고정301
부동산실권리자명의등기에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person may register a real right to real estate in the name of a trustee under the name of the title trustee pursuant to the trust agreement in the name of the title trustee, and the defendant, from B around 2013, E of the facts charged, appears to be a clerical error in

When purchasing 417.5 square meters of land, it agreed to register the transfer of ownership in the name of D and the building to be constructed on the D and the above-mentioned land.

1. Accordingly, on October 30, 2013, the Defendant completed the construction completion of the building constructed on the said land at the Daegu District Court’s registration division, and completed the ownership preservation registration under D’s name.

Accordingly, the Defendant registered the real right to real estate in the name of the nominal trustee D according to the nominal trust agreement.

2. After the completion of the construction of the foregoing building, the Defendant registered the transfer of ownership in the name D on January 15, 2014 on the land at the same place on March 3, 2014.

Accordingly, the Defendant registered the real right to real estate in the name of the nominal trustee D according to the nominal trust agreement.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to an investigation report (Attachment to each criminal judgment of an appellant and appellee), each registry, certified copy of each registry, investigation report (the document submitted voluntarily by an appellant, such as a copy of the contract for sales of multi-family house and a copy of multi

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Title-holder's Name concerning facts constituting an offense, and Articles 7 (1) 1 and 3 (1) of the same Act, and selection of fines;

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;

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