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(영문) 대구지방법원 김천지원 2015.08.12 2015고정217
부동산실권리자명의등기에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who served as the president of C from February 2006 to August 27, 2014.

No one shall register any real right to real estate under the name of the title trustee according to the title trust agreement.

Nevertheless, the Defendant, in collusion with D, purchased land (1,423 square meters) and buildings (270 square meters) located in Kimcheon-si, Kimcheon-si, Inc. owned by C, and entered into a title trust agreement to register under the above D’s name, although the Defendant purchased it from C. On February 13, 2009, the Defendant prepared a sales contract with the seller C (president A) and the buyer as D, and completed the registration of ownership transfer under the above D’s name on the same day.

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

Summary of Evidence

1. Each legal statement of witness G and H;

1. Each prosecutor's protocol of examination of the accused and D by the prosecution;

1. Each police statement made to G, H and I;

1. One copy of a report on internal investigation (related to attachment of a real estate lease agreement) and a real estate lease agreement;

1. Investigation report (J-party telephone investigation);

1. A real estate sales contract, an application for the registration of ownership transfer, a ledger for receipt (K, and A) (the defendant and his/her defense counsel shall be the land and buildings located in E in Kimcheon-si (hereinafter referred to as "each real estate of this case");

B asserts that since Eul purchased substantially and completed the registration of ownership transfer in its name, the facts charged of this case cannot be recognized.

The following circumstances acknowledged by the evidence duly adopted and investigated by the court of this case, ① the entire process of purchase, such as determination of the purchase price and payment method of the land subject to purchase, was led by the defendant in relation to the purchase of each real estate of this case; ② the defendant, who operated L, to pay the purchase price of each of the real estate of this case, with interest on the money borrowed as security, in order to pay the purchase price of each of the real estate of this case. ③

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