logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.05.19 2015고정3363
부동산등기특별조치법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall resell unregistered real estate purchased for the purpose of evading the imposition of taxes, obtaining profits based on price fluctuation between different market values, or evading restrictions under Acts and subordinate statutes regulating changes in rights, such as ownership.

Nevertheless, the Defendant, without completing the registration of transfer of ownership on the real estate purchased by the Defendant, was exempted from the imposition of taxes by promptly selling it to a third party, was willing to gain profits from price fluctuations between different points of time. On July 5, 2013, the management office of the DA Dong building newly constructed on the land B 107.1 square meters and C 97.2 square meters of land in Sungnam-gu, Sungnam-si, and on the land C 97.2 square meters (hereinafter “instant real estate”), entered into a contract with the joint owner E and F to purchase the said real estate with the sale price of KRW 1.85 million, and did not file an application for registration of transfer of ownership on August 11, 2013, the Defendant entered into a contract with the owner of H 14,36 square meters of land in the name of the Defendant without having the owner of the said real estate transferred on August 12, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning the interrogation of each police suspect against F, E, or I;

1. Statement made by the police to J;

1. A real estate sale contract (seller E, F, and Buyer A);

1. Exchange contract (A and B I);

1. A real estate sale contract (seller E, F, and I);

1. All certificates of registration (B land, B, and lot 1); and

1. Relevant Article 8 of the Act on Special Measures for Registration of Real Estate for the Crime, Articles 8 subparagraph 1 and 2 (3) of the Act on Special Measures for Registration of Real Estate for the Selection of Punishment, and Selection of Fines

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;

arrow