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(영문) 인천지방법원 2017.04.26 2016고단4676
부동산실권리자명의등기에관한법률위반
Text

Defendants are not guilty.

Reasons

1. Summary of the facts charged

(a) No person who is a defendant shall register any real right to real estate in the name of the trustee under the name of the trustee pursuant to the trust agreement;

The Defendant is a building owner who owns the Gyeyang-gu Incheon H lending A, 14 households of Gyeyang-gu, Incheon, and I loan C, 14 households of Gyeyang-gu, Incheon, on August 2012.

On August 7, 2012, the Defendant had a certified judicial scrivener in the Gyeyang-gu Incheon District Court Gyeyang-gu Office of Gyeyang-gu applied for and completed the registration of preservation of ownership in the name of B with respect to the above H lending A 14 households, and the above I lending C 14 households in the name of C, respectively.

Accordingly, the Defendant registered the preservation of ownership in the name of the trustee B and C according to the name trust agreement with the above 28 households.

(b) No person who is a defendant B shall register any real right to real estate in the name of the trustee under the title trust agreement.

On August 7, 2012, according to the trust agreement with A, the Defendant registered the preservation of ownership in the name of each of the Defendant with respect to the 14 households Gyeyang-gu, Gyeyang-gu, Incheon.

(c)

Defendant

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

On August 7, 2012, according to the trust agreement with A, the Defendant registered the preservation of ownership in the name of each of the Defendant with respect to the 14 households of Gyeyang-gu Incheon, Gyeyang-gu I loan C 14 households.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the evidence submitted by the prosecutor alone cannot be recognized as having a title trust contract between the Defendants, and there is no other evidence to acknowledge it otherwise.

A. The evidence submitted by the prosecutor as evidence for the facts charged of the instant case is the evidence documents containing the statements made by the Defendants to the investigative agency, the evidence documents containing the statements made by the J and K in this Court, or the statements made by the investigative agency.

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