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(영문) 광주지방법원 순천지원 2016.05.26 2016고정110
부동산실권리자명의등기에관한법률위반
Text

Defendants shall be punished by a fine of five million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

E is a person who operates F Co., Ltd. established for the purpose of precious metal trade business from around 1999 to 2002; Defendant A is a person in the relationship of marriage with Defendant E; Defendant B is a person who served as an auditor of F Co., Ltd.; Defendant C (former G prior to the opening of the name) is a partner of Defendant B.

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

1. On August 2012, Defendant A, at the Defendant’s house located in Hacheon-si H, intended to purchase “YY 111 dong 905, 111, and 905, an apartment house from E, and accepted it upon the Defendant’s request that “The liquor tax shall be lent only under the name, because it is impossible to register under the name of a bad credit holder.”

On November 28, 2012, the Defendant and E completed the said I apartment 111 Dong 905, which had been registered in the name of L Company, etc. at the K Certified Judicial scrivener Office located in the J of Macheon-si on November 28, 2012, as if the Defendant purchased KRW 2.7.6 million, and E paid the purchase price in cash, according to the above title trust agreement, in accordance with the above title trust agreement, the Defendant and E completed the registration of transfer of ownership on June 24, 2010 under the name of the Defendant, the trustee, in accordance with the title trust agreement.

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

2. Defendant B and Defendant C demanded the said E to pay money under the pretext of debt repayment, etc. on March 2013, 2013, on the ground that there is no money, Defendant B and Defendant C would transfer the ownership of 111-dong 905 of I apartment house 11 and 905 as stated in paragraph (1) to Defendant B.

Considering that the defect himself is one of the bad credit standing, Defendant C was able to receive ownership transfer in the name of Defendant C, and Defendant C entered into a trust agreement with Defendant C.

Defendants are in Wangcheon-si, Gyeongcheon-si, around April 15, 2013.

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