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(영문) 울산지방법원 2014.07.01 2014고정922
부동산실권리자명의등기에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. No person who is a defendant A shall register any real right to real estate under the name of the title trustee according to the title trust agreement;

Defendant

A entered into a title trust agreement with the Defendant B, which is to register the fourth-story building on the ground of Ulsan-gu D, Ulsan-gu, its own mother, under the name of Defendant B.

Defendant

A around November 20, 201, the Ulsan District Court, located in 675-1, Ulsan-dong, Ulsan-dong, Ulsan-dong, completed the registration of ownership preservation of B in relation to the above building.

Accordingly, Defendant A registered the real right to real estate under the name of the title trustee according to the title trust agreement.

2. No real right to real estate shall be registered under the name of the title trustee pursuant to the title trust agreement;

Defendant

B concluded a title trust agreement with Defendant A to register the building described in Paragraph 1, which was his own child, in the name of Defendant B.

Defendant

B around November 20, 201, the Busan District Court, located in Ulsan-dong 675-1, Ulsan-dong, Ulsan-dong, completed the registration of initial ownership of the above building in its name.

Accordingly, Defendant B registered the real right to real estate under the name of the title trustee according to the title trust agreement.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to notarial deeds and entire registered matters;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 7(1)1 and 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name;

(b) Defendant B: Articles 7(2) and 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (Selection of Fines)

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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