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(영문) 서울중앙지방법원 2012.07.04 2011고정7409
부동산실권리자명의등기에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

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

1. (State) On July 2007, E, which operates D, concluded a title trust agreement to purchase from G 102 U.S. F 102, with the intention to complete the registration of ownership transfer in the name of (ju) Do Governor’s children H’s name, and the Defendant sought from E an explanation that the aforementioned F 102 U.S. operation would be completed in the name of I, and lent KRW 70 million for its purchase to E.

After all, on August 13, 2007, E and H had completed the registration of ownership transfer on the ground of sale on July 12, 2007 in the name of 102 of the above Frain Operation 102 at the Northern Branch of Seoul Northern District Court.

Accordingly, in collusion with E and H, the Defendant registered the transfer of ownership in the name of title trustee No. 102.

2. Around May 2008, the Defendant concluded a title trust agreement to complete the registration of ownership transfer in the name of the Defendant’s child L, when purchasing J apartment 501 in Seongbuk-gu Seoul, Seongbuk-gu from K to purchase from K 203.

On July 22, 2008, the Defendant completed the registration of ownership transfer in the name of L, a title trustee, by allowing the Seoul Northern District Court’s Northern District Court to operate the Flue-gu 203 in the name of L on May 30, 2008.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness M;

1. Each legal statement of witness L and H in each part;

1. Application of a copy of a loan certificate, a copy of passbook, each certified copy of the register, written agreement, receipt, and notice statute;

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder's Name, and Article 30 of the Criminal Act concerning facts constituting the crime.

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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