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(영문) 대구지방법원 2019.05.23 2019고정188
부동산실권리자명의등기에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the title truster and the title trustee who actually acquired a multi-family housing building D with the land B(C) in Yongcheon-si and located therein, and the title trustee is the title trustee.

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

On May 29, 2015, the Defendant: (a) practically acquired the said land and D housing buildings at an unsound place; (b) entered into a title trust agreement with E, a female, and (c) registered transfer of ownership on the ground of sale and purchase of the said land under the name of E, a title trustee; and (c) registered the ownership preservation of D’s multi-family housing building around May 29, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police with respect to the complainant (F) and F;

1. Application of Acts and subordinate statutes to a criminal investigation report (diagraphic recording with E submitted by the complainant F, and arrangement of telephone recordings or telephone contents with E);

1. Article 7 (1) 1 of the Act on the Registration of Real Estate under Actual Titleholder’s Name and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name; Selection of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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