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(영문) 수원지방법원 안산지원 2015.06.30 2015고단987
부동산실권리자명의등기에관한법률위반
Text

Defendant

A A shall be punished by a fine of three million won, by imprisonment with prison labor of Defendant B, and by imprisonment with prison labor of one year and six months.

Defendant

A The above fine shall be imposed.

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;

Nevertheless, around November 28, 2012, the Defendant entered into a title trust agreement with B and registered in the name of the Defendant under the name of the Defendant, even though the actual owner of the aforementioned “Yong-gu, Seosan-si D” was B, who was the actual owner of the said “Yansan-si, Seosan-si D” in the registration of Ansan-gu, Suwon-si, Seosan-gu, Seosan-si, Seosan-si and the registration was made in the name of the Defendant.

2. Defendant B

(a) No person who violates the Act on the Registration of Real Estate under Actual Titleholder’s Name shall register any real right to real estate under the name of the title trustee;

Nevertheless, around November 28, 2012, the Defendant entered into a title trust agreement with A and entered into a title trust agreement with the Suwon District Court in relation to the registration of Ansan District Court's Ansan Branch and the registration of ownership transfer of "Yansan-si D", which is the Defendant's ownership, in Ansan-si, Ansan-si.

B. The Defendant, who forged private document, offered “Yansan-si D Housing” as collateral and attempted to borrow a loan from a bank, but was believed to have less the loan amount for multi-household tenants as the reason for the loan, and decided to forge a lease contract by lowering the deposit money of multi-household tenants.

On November 26, 2012, the Defendant stated “G,” and “H,” in the column for the location of the site for the real estate lease contract, the Defendant entered “Y” in the column for the location of the site for the land for the real estate lease contract, “Y” in the column for the former deposit, “Y,00,000 won” in the column for the lessor’s deposit, and “Y,00,000 won” in the monthly deposit column. G and H’s seal prepared in advance are affixed to G, H’s name, and one copy of the real estate lease contract in the name of G and H, a private document concerning rights and obligations, and 2) in the column for the location of the site for the former lease contract.

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