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(영문) 수원지방법원 2014.02.05 2013고단6403
부동산실권리자명의등기에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

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.

1. The Defendant’s past February 22, 2012 for the same year

3. On February 20, 2012 and the same year from the Suwon District Court of 19.1 to require a certified judicial scrivener B to submit each application document for the registration of ownership transfer with respect to two parcels of land E and F, the ownership holder of which is the owner of the above D, when he/she lent the name of D and purchased by a certified judicial scrivener B, which he/she operated by the defendant.

3. 15.15. Each registration of the transfer of ownership in the above D name was made on the ground of sale.

2. The Defendant’s past March 5, 2012 for the same year

3. around 19. Around February 28, 2012, the Suwon District Court rendered a registry office of Sungwon District to require a certified judicial scrivener B to submit a claim for the registration of ownership transfer with respect to the two parcels of land I purchased by the defendant by lending the name of G in the name of G and two parcels of land I, respectively.

3.15.The registration of transfer of ownership in the above G name was made on the ground of sale.

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. Defendant's legal statement;

1. Written statements and written accusations prepared by the J;

1. A protocol concerning the examination of each police officer in relation to D or G;

1. Application of Acts and subordinate statutes of written confirmation;

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name for Criminal Facts and the Selection of Imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for the suspended sentence) is that the violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name is not consistent with the substantive legal relationship, and the criminal liability is not provided against the normal order in real estate transaction by making a registration inconsistent with the substantive legal relationship. In particular, the Defendant is also against the law

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