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(영문) 청주지방법원 2019.01.31 2018고단1945
부동산실권리자명의등기에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 1, 2017, Defendant A was sentenced to a suspended sentence of two years in the period of one year and six months for fraud at the Cheongju District Court, which became final and conclusive on June 9, 2017.

【Criminal Facts】

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

1. Defendant A

A. On October 2016, the Defendant of Taean-gun Real Estate entered into a contract to exchange the ownership of H real estate owned by Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant Taean-gun Real Estate”), Seo-gu, Incheon City, and the Defendant, under a purchase contract, for the purchase of G-owned real estate. However, when the instant Taean-gun Real Estate is registered for transfer of ownership under the name of the Defendant, it was anticipated that it is impossible to obtain a loan by offering the instant Taean-gun Real Estate as a security for reasons such as bad credit standing, etc., the Defendant would have failed to register the ownership in another person’

On October 2016, the Defendant entered into a title trust agreement with I to register the ownership of the real estate of this case in the name of I in a mutually aesthetic multi-section located in a place where it is unknown to the police officer of the Republic of Korea or below.

The Defendant completed the registration of ownership transfer based on sale on November 4, 2016, under the above title trust agreement around November 7, 2016.

Accordingly, the Defendant registered the real right to real estate under the name of the title trustee I according to the title trust agreement.

B. On December 2015, the Defendant entered into a contract to purchase the land of J and H real estate (hereinafter “original real estate”) owned by G in the original state of the original state of the Republic of Korea (hereinafter “original state of the Republic of Korea”). While the Defendant intended to provide the said real estate as security along with the ownership transfer registration of the said real estate at the original state of the Republic of Korea and to pay the purchase price to G, the Defendant purchased the real estate under the name of the Defendant, on the grounds of bad credit standing, etc.

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