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(영문) 부산지방법원 2015.04.22 2015고정715
부동산실권리자명의등기에관한법률위반
Text

1. The defendant shall be punished by a fine not exceeding 1.5 million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

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

On October 26, 2009, Defendant and B entered into a contract to purchase D’s E and F at the house located in Ulsan-gun, Ulsan-gun, Ulsan-gun, U.S., and intended to borrow another’s name and make registration.

B calls from G and H around the end of October 2009, stating that “the land is sold, and there is no time to live in the name of the inside, with bad credit standing.” This means that G and H agree to enter into a title trust agreement with him, and prepare a sales contract for the purchase of G and H at the office located in Ulsan-si I in Ulsan-si I, Ulsan-si, U.S. on December 29, 2009, and registered in the name of the title trustee G and H at the Ulsan-si Office.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against B, G, and H;

1. Application of Acts and subordinate statutes to each real estate sales contract and entire certificate of registration;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 7 (1) 1 and 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and Article 30 of the Criminal Act;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.

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