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(영문) 대구지방법원 2016.08.10 2016고정419
부동산실권리자명의등기에관한법률위반
Text

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

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

Reasons

Punishment of the crime

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

Nevertheless, on November 1, 2014, the Defendant purchased the land in North-gu, North Korea from C in the name of KRW 300 million, and agreed to register the transfer of ownership in his/her name with respect to E/F and the said land around February 2015. On June 17, 2015, the Defendant registered the transfer of ownership in the name of E/F in accordance with the above agreement.

Accordingly, the Defendant registered the real right to real estate in the name of the trustee in accordance with the title trust agreement.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. Inquiry of transaction details, entire certificate of registered matters (D), business agreement, receipt of real estate sale proceeds, receipt of expenses for certified judicial scrivener, application of the Acts and subordinate statutes of the real estate sale contract;

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate in the Name of the Actual Right Holder, which is applicable to the facts constituting an offense, and Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate in

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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