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(영문) 대구지방법원 서부지원 2018.10.16 2018고단918
부동산실권리자명의등기에관한법률위반
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

In order to prevent seizure of real estate owned by C due to default of corporate tax, Defendant A asked Defendant B, who was an employee of C, of the Co., Ltd., to transfer the name of the real estate owned by C to the former employee of the Co., Ltd., and to transfer the ownership registration of the real estate owned by C to Defendant B in the name of Defendant B on March 2016.

Defendant

B accepted the above request by the Defendant A.

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

Nevertheless, in accordance with the above title trust agreement, Defendant B registered ownership transfer in the name of Defendant B on March 29, 2016 with respect to the second floor of D Urban Residential Housing No. 201 (Transaction Price 170,000,000), No. 202 (Transaction Price 170,000,000), No. 206 (Transaction Price 112,15,400), No. 403 (Transaction Price 112,15,400), and No. 802 (Transaction Price 106,605,605,800), and No. 802 (Transaction Price 106,605,800) under the name of the trustee, the trustee No. 2036, Dec. 26, 202, and No. 2036, the trustee under the above title of D Urban Residential Housing No. 201.

Summary of Evidence

1. Defendants’ legal statement

1. A written accusation;

1. Notification of any violation of the Act on the Registration under Actual Titleholder's Name;

1. A certificate of all registered matters;

1. Application of the statutes governing certified copies of the corporate registry [Defendant A];

1. Article 7(1)1 and Article 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name as to the facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act / [Defendant B]

1. Criminal facts;

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