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(영문) 대전지방법원 2017.06.28 2016고단3908
부동산실권리자명의등기에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who newly constructs a multi-family house on the ground without a transfer registration after purchasing the land, and then concludes a contract with the actual user after searching the actual user of the house, and promptly relocates the registration of the land and building to the actual user's name or completes preservation registration.

On June 28, 2011, the Defendant: (a) 46,1100,000 square meters of D site 349.5 square meters in Daejeon-gu, Daejeon-gu; and (b) 349.5 square meters of E site 202.9 square meters in D site 349.5 square meters in H, on October 28, 2011, divided H into H; (c) Ha on November 1, 201 and eventually changed into D into E, 284.2 square meters in size; and (d) 268.2 square meters in size.

B purchased 260,000,000 won.

The defendant tried to operate the above site in the above way, but it was faced with the situation that should be registered without seeking an end user.

However, since the defendant has already owned a house, and there was the date of registration in his name by newly building a multi-family house for two bonds, the above land and the above ground house were registered in his name, the fact that there is a significant burden of tax when registering in the name of the defendant.

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

Nevertheless, on September 26, 201, the Defendant registered the transfer of ownership in the name of F, a woman living together with the Defendant on the above land. On May 30, 201, the Defendant registered the transfer of ownership in the name of F, and on May 30, 2012, on the multi-family house with the fourth floor in the concrete structure near the steel structure in the instant D ground, registered the transfer of ownership in the name of F, with respect to the multi-family house with the fourth floor in the instant E-ground reinforced concrete structure near the instant land.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The witness G’s legal statement and the witness F’s legal statement 1.

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