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(영문) 대구지방법원 2017.08.10 2017고단2991
부동산실권리자명의등기에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 10,000,000.

Defendant

A and B, respectively.

Reasons

Punishment of the crime

Defendant

B The representative director Co., Ltd. and Defendant A are directors of Co., Ltd. and Defendant C is a corporation established for the purpose of sports service business, etc.

On January 2016, the Defendants came to know of the fact that 46 lots of land, such as Glangdong-gun E, in a voluntary auction, established a plan to establish a golf course by acquiring the said site and establishing C.

In this regard, when some of the above real estate 46 parcels of real estate subject to the auction was farmland and it was impossible to obtain a successful bid in the name of a corporation other than the farmer, the defendants used the corporation's funds, but made a trust agreement under the name of the defendant A to obtain a successful bid by using the name of the defendant A.

Accordingly, on January 26, 2016, at the Daegu District Court, Defendant A filed an application for adjudication on the 46 parcel of land, including Glangdong-gun E, etc. at the Daegu District Court, and Defendant B registered the transfer of ownership in the name of A on April 22, 2016 upon the bid of the said parcel of land in a manner that allows Defendant A to pay the successful bid price by borrowing the corporate funds from Defendant A.

As a result, Defendant B trusted the land substantially knocked in the name of Defendant C to A, and Defendant A registered the real estate in a false relation of rights by being entrusted with the above name.

Summary of Evidence

1. A protocol concerning the examination of suspect by a part of the prosecution against the defendant A;

1. Part of the protocol concerning the interrogation of suspect against the Defendants

1. Statement made by the police with regard to F;

1. Report on investigation (report on suspect A and B interview);

1. Investigation by a person suspected of violating the Real Estate Real Name Act, the current state of the date of auction process, the certificate of all registered matters, the application for verification that the highest price is the bidder, the indication of real estate, G (1) outputs, the loan agreement, the agreement on the loan, the agreement on the transaction of real estate, the details of each entry and departure transaction, the certified copy of the pertinent real estate registry [the following circumstances recognized by the records of this case, including the above evidence].

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