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(영문) 의정부지방법원 2018.02.01 2017고정2585
부동산실권리자명의등기에관한법률위반
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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

Nevertheless, on December 30, 2013, the Defendant entered into a trust agreement in the name of trust with the Defendant, with the content of registering a part of the shares in the name of the Defendant in the process of purchasing the land D, E, F, and G at KRW 1,235,286,398, with the land of KRW 5,993 square meters and C, which is the land of KRW 5,000,000.

After that, on December 30, 2013, the Defendant made a registration of sharing 1,250/5,993 in the name of the Defendant on the ground of donation of the F’s share as a holder of the said B’s share in the name of the Defendant, and made a registration of sharing 1,025/5,993 in the name of the Defendant on the ground of sale of the shares in G in the said land, and completed a registration of sharing 1,025/5,993 in the name of the Defendant on the ground of sale of the shares in G as a holder of the C’s share in the land.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer concerning H, D, E, or I;

1. A certified copy of B registry and a certified copy of C registry;

1. Application of Acts and subordinate statutes of land sale contract (B, C), and real estate sale contract (20 35 times a year);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 7(2) and 3(1) of the former Act on the Registration of Real Estate under Actual Titleholder’s Name (Amended by Act No. 13713, Jan. 6, 2016); the selection of fines

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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