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(영문) 부산지방법원 서부지원 2019.01.11 2018고정855
부동산실권리자명의등기에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. No person who is a defendant A shall register any real right to real estate under the name of the title trustee according to the title trust agreement;

The defendant purchased land in Gangseo-gu Busan, which is a development-restricted zone, and purchased a building built under the name of the owner of the building, with the knowledge that it is difficult to build a building due to restrictions on development activities such as construction of the building in the development-restricted zone, and had a building built under the name of the owner of the building. After purchasing a building built right from B, which was located in Busan Gangseo-gu D, the defendant filed a building report on the Busan Gangseo-gu C land under the name of the head of the Busan Gangseo-gu office on March

On July 4, 2013, the Defendant: (a) purchased and constructed a effort ticket in Busan District Court’s Gangseo-gu registry; (b) filed a construction report under the name of the seller of Effort Zone and the title trustee; and (c) granted registration of preservation of ownership in B’s name in accordance with a title trust agreement under the effort Right Sales Contract with respect to one Dong of a neighborhood living facility with a total floor area of 9

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

2. No real right to real estate shall be registered under the name of the title trustee pursuant to the title trust agreement;

When the Defendant sold the right of re-building to A, the actual owner of the building, the Defendant agreed to file a building report under the name of the Defendant, and to register the preservation of ownership of the completed building.

On July 4, 2013, the Defendant registered the preservation of ownership in the name of the Defendant with respect to one Dong of a neighborhood living facility with a total floor area of 99 square meters, which was newly built by A in Gangseo-gu Busan Metropolitan Government, pursuant to the above agreement.

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

(i) the evidence;

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