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(영문) 대전지방법원 천안지원 2019.08.30 2019고단1834
부동산실권리자명의등기에관한법률위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a real owner who has constructed a building with permission under the name of Gangseo-gu, Busan Metropolitan Government C as a person with a dual construction right.

C is the owner of the building located in Gangseo-gu Busan Metropolitan Government D, and the seller of the building.

1. Any person who violates the Act on Special Measures for Designation and Management of Areas of Restricted Development shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu to construct buildings and change the purpose of use, install structures, change the form and quality of land, cut bamboo and trees, divide land, store articles in areas of restricted development, and

In Busan Gangseo-gu, which is the spouse E of the defendant who is a development restriction zone, purchased a new building under the name of the defendant or his spouse, and obtained a new building permit under the name of the owner of the building, and purchased C's transfer right through the real estate business operator with the intention to establish the building on the land.

The Defendant, on November 27, 2014, delegated all matters concerning building permission to G of the F Office, which is well aware of the foregoing situation, by comprehensively entrusting the construction permission to G of the F Office, and as if C, which is the spouse E-owned by the Defendant, built a new building in his/her name, he/she applied for a construction permission from the head of Gangseo-gu Office on December 16, 2014, to a public official in charge of the construction of Gangseo-gu Office in his/her name.

As a result, the defendant obtained a permit for relocation by using another person's name in an unjust manner.

2. No person who violates the Act on the Registration of Real Estate under Actual Titleholder’s Name shall register any real right to real estate under the name of the title trustee;

The defendant's statement in the indictment on March 25, 2015 " June 9, 2015" is a clerical error.

(6) On June 9, 2015, the registration of ownership transfer has been made in the name of the defendant.

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