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(영문) 대구지방법원 경주지원 2013.07.10 2013고정101
부동산실권리자명의등기에관한법률위반
Text

Defendants shall be punished by a fine of 1.5 million won.

In the event that the Defendants did not pay the above fine, only 50,000 won.

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, on December 6, 2010, the Defendants entered into a title trust agreement with Defendant B to register the ownership of the instant land and housing owned by Defendant A in the name of Defendant B with respect to the “Y 99 square meters in Gyeongju-si D, Hoju-si and the cement block block structure, splate 60.37 square meters in a single-story roof (hereinafter “instant land and housing”). On or around December 6, 2012, the Defendants entered into a title trust agreement with Defendant A to register the ownership of the instant land and housing in the name of Defendant B. On or around December 6, 2012, the buyers entered into a sales agreement with Defendant A with respect to the purchase price of the instant land and housing owned by Defendant A, and the purchaser entered into a title trust agreement with the Daegu District Court Branch in Dong-dong, Sejong-si, Daejeon-si, Daejeon-si, on or around December 10, 2012.

Accordingly, Defendant A completed the registration of ownership transfer under the name of Defendant B, the title trustee, according to the title trust agreement on the instant land and housing, and Defendant B received the registration of ownership transfer as the title trustee.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the Acts and subordinate statutes governing G’s written accusation;

1. A of the relevant criminal facts: Articles 7 (1) 1 and 3 (1) 2 of the Act on the Registration of Real Estate under Actual Titleholder’s Name; Articles 7 (2) and 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

The Institute of Jind Co., Ltd.

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