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(영문) 인천지방법원 2014.04.11 2013고정4032
부동산실권리자명의등기에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

In light of the fact that no real right to real estate was registered under the name of the title trustee pursuant to the title trust agreement, the Defendant entered into a title trust agreement with the content that the real estate was entrusted by C in the name of the Defendant, around April 2008.

After that, on April 23, 2008, C purchased KRW 88,000,00 of the Seo-gu Incheon Metropolitan Government Multi-household 1,402, which is owned by D. On April 23, 2008, the Defendant and C concluded a sales contract for the said real estate with the seller D and the purchaser as the Defendant at the G Licensed Real Estate Agent Office located in Seo-gu Incheon, Seo-gu, Incheon, Incheon, the District Court registered the said real estate in the name of the trustee as the Defendant on June 3, 2008.

Accordingly, the defendant registered the above real estate in the name of the defendant who is the title trustee.

Summary of Evidence

1. Each legal statement of witness C and H;

1. Application of Acts and subordinate statutes to a real estate sales contract (23 pages for investigation records), a full certificate of registered matters (24 pages for investigation records);

1. Article 7(2) and Article 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (amended by Act No. 10203, Mar. 31, 2010); the selection of fines for criminal facts;

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.

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