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(영문) 부산지방법원 동부지원 2018.02.14 2018고정27
부동산실권리자명의등기에관한법률위반
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

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

Reasons

Punishment of the crime

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

1. On May 24, 201, the Defendant: (a) entered into a trust agreement with E in the name of the Defendant’s father in the purchase of KRW 139,500,000 of the D building of KRW 1205,00 at a real estate brokerage office located in Suwon-gu, Busan, Busan; and (b) entered into a real estate transaction agreement with E, the seller F and the buyer; and (c) entered into a real estate transaction agreement

6. 10. He completed the registration of transfer of ownership in the name of E on the ground of sale and purchase at the Busan District Court's Dong Branch, Busan District Court's Dong Branch, and the Busan District Court's Branch.

Accordingly, the Defendant registered the real right to real estate in the name of the trustee according to the nominal trust agreement.

2. On March 7, 2013, the Defendant: (a) entered into a trust agreement with E, a parent of the Defendant, in purchasing KRW 148,500,00 of the D building 1802 at a C real estate brokerage office located in Suwon-gu, Busan, Busan; and (b) entered into a real estate transaction agreement with G and E for the purchaser; and (c) entered into the said agreement with G and E for the purchaser;

5.8. He completed the registration of the transfer of ownership in the name of E, which is caused by the sale of the above real estate at the Busan District Court, the Busan District Court, Dong Branch Branch, and the Busan District Court.

Accordingly, the Defendant registered the real right to real estate in the name of the trustee according to the nominal trust agreement.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's office against the defendant or H, and a protocol concerning the examination of suspect of the police;

1. Application of Acts and subordinate statutes on the statement protocol to I;

1. Article 7(1)1 and Article 3(1)1 of the Act on the Registration of Real Estate under Actual Titleholder’s Name concerning facts constituting the crime, the selection of fines, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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