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(영문) 수원지방법원 성남지원 2014.09.03 2014고정1032
부동산실권리자명의등기에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 3,000,00 and by a fine of KRW 2,00,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A was a member of the Korean Film Council, a representative of the FIE Association (former GIE), from around 1994 to December 201, 201, A was a member of the Korean Film Council from around 1994 to around 201, and H was a member of the Korean Film Council, and Defendant B was a member of the said H.

Although no one is allowed to register the real right to real estate in the name of the title trustee according to the title trust agreement, Defendant A had the intention to register the real estate owned by the above church in the name of H and B, Ha.

1. Defendant A

A. On October 1, 2008, the Defendant agreed to register the ownership transfer of the above I land which is the owner of the above church in H’s name at the above church. On October 14, 2008, the Defendant held a title trust of the real right to real estate by completing the registration of ownership transfer with the Chungcheong District Court’s registration with H, the owner of which is H.

B. On May 30, 2009, the Defendant agreed to register the ownership transfer of the above E land owned by the above church in the name of B. On June 12, 2009, the Defendant trusted the real right to real estate under title by completing the registration from the Chungcheong District Court to B, and completing the registration of ownership transfer with the owner as B.

2. Defendant B: (a) around June 12, 2009, at the registration division of the Cheongju District Court, Defendant B-B.

According to the title trust agreement such as Paragraph (1), a real right to real estate was entrusted by completing the registration of ownership transfer with the owner of the above E land as a defendant.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of police statement to J or K;

1. Application of statutes governing certificates for registration;

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

A. Defendant A: Article 7(1)1 and Article 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name; selection of a fine

B. Defendant B: Articles 7(2) and 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name; selection of fines

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Code of the Detention of Labor House; and

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