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(영문) 수원지방법원 2014.11.13 2014노1541
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant acquired the right to sell the apartment unit D 102, 202, and 202 (hereinafter “the apartment unit of this case”) from C and paid the sale price. The sale was prohibited before the registration of ownership transfer was completed under C’s name with respect to the apartment unit of this case, and there was no title trust agreement between the defendant and C. Since the defendant did not have any actual right holder of the apartment unit of this case, even if the defendant completed the registration of ownership transfer under C’s name, it does not violate the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), and even if the defendant did not intend to acquire the lease deposit of this case from the victim I.

(M) In addition, the court below's imprisonment with prison labor for the defendant is too unreasonable.

(F) Determination; 2. Determination

A. In regard to the assertion of misunderstanding of facts and misapprehension of legal principles on the violation of the Real Estate Real Name Act, the defendant stated in the court below that all of the defendants recognized the violation of the Real Estate Real Name Act, and as the defendant is the person who is the defendant, acquired the apartment sale right of this case by acquiring it, and paid the sale price. However, if the registration of ownership transfer is completed in the name of C due to restrictions on the law that the sale is permitted after the registration of ownership transfer in the name of the purchaser C is completed, the defendant actually acquired the apartment of this case, but completed the registration of ownership transfer in the name of C, and the defendant was registered in the name of C. The meaning of the terms used in this Act is as follows.

1. The term "title trust agreement" means the ownership of any real estate or other matters;

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