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(영문) 서울동부지방법원 2015.10.15 2015고단2183
부동산실권리자명의등기에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, by a fine of three thousand won,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

No person may register any real right to real estate under the name of the title trustee according to the title trust agreement.

1. On April 12, 2013, Defendant B Co., Ltd. in violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name purchased land of 1,647m2 and 754m2 in ASEAN-si E, Busan-si, and F 754m2. On April 12, 2013, the Daejeon District Court rendered a registration of ownership transfer on the said real estate under the name of Defendant A at the ASEAN Branch of the Daejeon District Court in accordance with the title trust agreement with

As a result, Defendant B entrusted the name of Defendant A, and Defendant A entrusted the name.

2. On August 2, 2013, Defendant B, in violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name, purchased the said real estate under the name of Defendant A in accordance with the title trust agreement with the Defendant at the Daejeon District Court, Daejeon District Court, in accordance with the title trust agreement with the Defendant on August 2, 2013, by purchasing the area of 1,107 square meters prior to G, 1,029 square meters prior to H, 682 square meters prior to I, 69 square meters prior to J, K, 803 square meters prior to K, 803 square meters prior to L, 807 square meters prior to L, and 113 square meters prior to M.

As a result, Defendant B entrusted the name of Defendant A, and Defendant A entrusted the name.

Summary of Evidence

1. Defendant A’s legal statement

1. The suspect interrogation protocol of the defendant A by the police;

1. Each accusation;

1. A certified real estate register, land cadastre, and a joint delay list;

1. Application of Acts and subordinate statutes of each real estate sales contract (number 13, 15);

1. Relevant provisions of the Act on the Registration of Real Estate under Actual Titleholder's Name and Defendant A: Articles 7 (2) and 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder's Name and Articles 7 (1) 1 and 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder's Name;

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendant A: The real estate value which is the object of the title trust under Article 62(1) of the Criminal Act is large, there is no criminal record of the same kind, and the defendant is imposed.

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