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(영문) 서울남부지방법원 2016.06.02 2016고정245
부동산실권리자명의등기에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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, the fact that the defendant, on October 31, 2013, was in the Seoul Southern District Court registry in Guro-gu, Seoul District Court, which was located in Guro-gu, and it was difficult to obtain a loan in the name of the above church when the D church purchased as the company house of 102 303 dong, Guro-gu, Seoul, but registered the transfer of ownership in the name of the defendant through the church meeting, and registered the transfer of ownership on October 24, 2013 in the name of the defendant for the above apartment.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of statutes on a certified copy of register;

1. Relevant legal provisions concerning the facts constituting an offense, and Articles 7 (2) and 3 (1) of the Act on the Registration of Real Estate in the Name of the Actual Right Holder (Selection of Penalty)

1. Articles 70 and 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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