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(영문) 수원지방법원 성남지원 2015.05.15 2014고단545
부동산등기특별조치법위반
Text

The defendant shall be innocent.

Reasons

1. Around January 27, 2006, the Defendant entered into a real estate sales contract with six owners, including E, to purchase the real estate forest in Gwangju City (hereinafter “instant real estate”) and completed the execution of the contract by granting a total of KRW 1 billion from the purchase price to January 23, 2008.

In such cases, when a person who has entered into a contract with the owner of real estate intends to again enter into a contract with a third party concerning the transfer of ownership over the real estate or a contract concerning the transfer of ownership to a third party after the execution date of the contract, he/she shall file an application for the transfer of ownership in accordance with the contract concluded in advance before entering into the contract with the third party, and shall not file an application for the transfer of ownership in order to avoid tax imposition, to obtain profits from price fluctuations between different market values, or to avoid restrictions under the statutes regulating the transfer of rights, such

Nevertheless, as the instant real estate was a land transaction permission zone, it is impossible for the Defendant to transfer the ownership of the instant real estate under the Defendant’s name. In order to avoid the burden of acquisition tax and registration tax imposed upon the registration under the Defendant’s name, the Defendant sold the instant real estate to H with the purchase price of Gwangju City as KRW 700 million, which was subdivided from the instant real estate at the site office located in Gwangju CityF around May 25, 2009, and then the ownership transfer registration was completed in the name of H around June 4, 2009 and from January 3, 2013, the instant real estate was sold to 10,000 won by concluding a contract to sell the land divided from the instant real estate to KRW 2.838,88,00,00,000, as indicated in the attached crime list from January 3, 2013.

2. Each subparagraph of Article 2(1) of the Act on Special Measures for the Registration of Real Estate.

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