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(영문) 인천지방법원 부천지원 2017.11.23 2017고정1020
부동산실권리자명의등기에관한법률위반
Text

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

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

Defendant

A, B, and C purchased from F on May 2014, through a joint purchase of approximately 2726 Dong 1203 Dong-si G apartment, and conspired to trust the said apartment in the name of Defendant D, his mother who will reside therein, and Defendant D, who received such a proposal from the said Defendants, entered into a trust agreement with Defendant A, B, and C with the same content as that of Defendant A, B, and C with the intent to complete the registration of transfer of ownership under the name of the said apartment.

Accordingly, around May 16, 2014, Defendant A, B, and C entered into a sales contract for the above apartment with F at the public brokerage office located in Bupyeong-si G, Bupyeong-si, and entered into a contract under the name of Defendant D with F. The ownership of the above apartment was transferred through a certified judicial scrivener around the 22th day of the same month.

As a result, Defendant A, B, and C conspired to register the real right to the above apartment, which is a real estate, in the name of Defendant D, the trustee under the title trust agreement, and Defendant D registered the real right to the above apartment, which is a real estate, in the name of the trustee under the title trust agreement.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of suspect with respect to F (list 6);

1. A statement of F (List 8);

1. Application of Acts and subordinate statutes, such as a written accusation (including a list 1, a supplement), a judgment (list 4), a statement of account transactions, an application for registration of transfer of ownership, a contract, etc. (List 13);

1. Articles 7(1)1 and 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (wholly amended by Act No. 13713, Jan. 6, 2016; hereinafter the same shall apply) concerning facts constituting the crime; Articles 7(2) and 3(1) of the former Act on the Registration of Real Estate under Actual Titleholder’s Name; Articles 7(2) and 3(1) of the former Act on the Registration of Real Estate under Actual Titleholder’s Name;

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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