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(영문) 서울중앙지방법원 2014.04.25 2014고정462
부동산실권리자명의등기에관한법률위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person may register any real right to real estate under the name of the title trustee according to the title trust agreement.

Nevertheless, upon receipt of a request from B and C to lend the name to the owner of the above real estate in preparation for the possibility of seizure of the real estate owned by B and C, the Defendant respectively completed the registration of transfer of ownership in the name of the Defendant, the title trustee, on August 21, 2009, with respect to the real estate of “Dongducheon-si D1,653 square meters” and “Yung-si E apartment No. 305 (1/2 shares)” owned by the registry office of the Seoul Central District Court located in Seocho-gu Seoul Metropolitan City, Seocho-gu, Seocho-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning C and B;

1. Application of statutes to each register of real estate;

1. Article 7 (2) and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, which is applicable to facts constituting an offense, and the selection of a fine;

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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