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(영문) 부산지방법원 서부지원 2018.06.15 2018고단419
부동산실권리자명의등기에관한법률위반등
Text

Defendant

A A A shall be punished by a fine of KRW 30 million, each of whom shall be punished by a fine of KRW 3 million.

The defendants are the defendants.

Reasons

Punishment of the crime

Defendant

A is the actual owner of a building with permission granted under the name of B, I, C, J, K, D, and E in the land of Gangseo-gu Busan Metropolitan Government, Busan Metropolitan City, H, etc.

Defendant

B is the owner of the Seo-gu L building in Seo-gu, who sells this axis generated from the building.

Defendant

C is the owner of the Seo-gu M building in Seo-gu and the seller of this construction.

Defendant

D is the owner of the Seo-gu N building in Seo-gu and the seller of this reconstruction right generated from the building.

Defendant

E is the owner of the Seo-gu O building in Seo-gu and the seller of this axis generated from the building.

1. Defendant A

(a) Any person committing a violation of the Act on Special Measures for the Designation and Management of Areas subject to Development Restriction shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing City branch office, the head of a Si/Gun/Gu, or the head of a Gu in order to construct buildings, change the purpose of use, install structures, change the form and quality of land, cut bamboo and trees, divide land, store articles in an area subject to development restriction, and obtain such permission by fraudulent or other illegal means;

Nevertheless, Defendant A is the Busan Gangseo-gu, which is the green belt area.

G. H. Recognizing the fact that a new construction is not permitted in the name of the Defendant, a landowner, the purchase of a third party’s right to build a new building in the name of this axis, and the purchase of a new building in the said land through B, C, K, D, E, and I and J through real estate brokers and certified architect P.

Defendant

A shall, on December 12, 2012, delegate all matters concerning a building permit to an architect P who is well aware of the foregoing situation, and on December 12, 2012, Busan Gangseo-gu, Busan, a self-owned entity

H. As such, as the person who completed the construction of a new building by this axis B, he/she applied for a building permit to R who is a public official belonging to the Gangseo-gu Q in his/her name and received this building permit from the head of the Gu on February 19, 2013, including that he/she obtained this building permit from the head of the Gu.

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