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(영문) 수원지방법원 2016.05.17 2016고단1228
부동산실권리자명의등기에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The defendant is the representative director of C corporation.

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

1. On January 24, 2014, the Defendant entered into a contract with H and I to purchase Pyeongtaek-si G forest land (which was divided into H and I in the above forest land on March 13, 2014, and which was divided into J on May 15, 2014) from F, and completed the registration of transfer of ownership in the name of Pyeongtaek-si G, H, I, and J forest in accordance with the trust agreement with K around May 22, 2014.

2. On August 28, 2014, the Defendant entered into a contract with M to purchase 1,004 square meters (O, P, and Q from the above land on October 6, 2014) prior to Pyeongtaek-si N, and completed the registration of transfer of ownership in the name of K on December 29, 2014 under the name of the trust agreement with K.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of an accusation, violation of the Act on the Registration of Real Estate Real Name, and application of Acts and subordinate statutes on each real estate transaction contract and all registered certificates;

1. Relevant legal provisions concerning criminal facts, Articles 7(1)1 and 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and the Selection of a fine (the fact that his mistake is recognized and contradictory to his mistake, the fact that the registration of transfer of ownership is completed in the name of a stock company C has not yet passed since the trust registration of the title of this case was completed, and the defendant has no criminal record other than the fact that he has been punished once by a fine due to drinking until before the crime of this case was committed).

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.

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