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(영문) 광주지방법원 2017.09.21 2017고정753
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

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

In a case where the Defendant, at the Defendant’s house located in Dong-si, in January 2011, lent his name to the Defendant, a female living together, in order to have ownership transferred over 7,073 square meters of land in Gyeonggi-do, Gyeonggi-do, the Defendant would receive a loan from the financial institution as collateral and pay honorariums.

The proposal received a certificate of seal impression, etc. necessary for registration from women with C's consent.

After that, on January 25, 2011, the Defendant registered the ownership transfer registration for the said land in the name of the Government District Court of the Dong-gu District Court in Pyeongtaek-gu, Pyeongtaek-gun, Pyeongtaek-si, in accordance with the name of C on November 15, 2010 in the name of C by completing the registration of ownership transfer for the exchange on the said land under the name of C, and registered in the name of C as the trustee under the name of C.

Summary of Evidence

1. Statement by the defendant in court;

1. Recording recording recording and reporting thereon;

1. A final and conclusive certificate of criminal trial;

1. Application of a certified copy of real estate register (D);

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate in the Name of the Actual Right Holder, which is applicable to the facts constituting an offense, and Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate in

1. Article 70(1) and Article 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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