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(영문) 대구지방법원 2020.10.28 2020고단4561
부동산실권리자명의등기에관한법률위반
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

Defendant

A and Defendant B are married couples, and they are divorced around 2008.

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

A. On July 25, 2015, Defendant A: (a) purchased real estate of 222.9 square meters in Daegu-gu, Daegu-gu, Seoul-gu, to 422.9 square meters in a publicly-authorized middle-sized store; (b) purchased real estate of 222.9 square meters in 428,000,000 won; (c) prepared a sales contract with Defendant B, the buyer of which is the former buyer, and for the same

9. 15. The registration was made in the name of Defendant B, the trustee.

Accordingly, Defendant A registered the real right to real estate in the name of the title trustee in accordance with the title trust agreement, and Defendant B entrusted the name and required to make the registration as above.

B. On September 20, 2015, Defendant A purchased the real estate of KRW 400 million on the 300,000,000,000,000, in an officially-authorized middle-sized store located in the Dong-dong of Dong-dong of Dong-si, the Defendant A prepared a sales contract with the actual purchaser as Defendant B, who is the former buyer, even though the actual purchaser was the Defendant, and registered in the name of Defendant B, the trustee, on October 5 of the same year.

Accordingly, Defendant A registered the real right to real estate in the name of the title trustee in accordance with the title trust agreement, and Defendant B entrusted the name and required to make the registration as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of all the registered matters, building register, and land cadastre statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 7(1) and 1, and 3(1) of the former Act on the Registration of Real Estate under Actual Titleholder’s Name (Amended by Act No. 13713, Jan. 6, 2016); the choice of imprisonment

B. Defendant B: Articles 7(2) and 3(1) of the former Act on the Registration of Real Estate under Actual Titleholder’s Name (Amended by Act No. 13713, Jan. 6, 2016); the choice of imprisonment

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows.

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