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(영문) 광주지방법원 2013.03.28 2012고정3040
부동산실권리자명의등기에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person may register any goods related to real estate in the name of the title trustee pursuant to the title trust agreement.

On January 25, 2010, the Defendant entered into a title trust agreement with the content that if he/she lends his/her name to transfer the ownership of B Company C and real estate in the office of Gwangju Northern-gu, he/she shall pay 700,000 won and transfer his/her name within 2-3 months.

On the same day, the Defendant purchased a 96.06 square meters and a 239 square meters of a single-story E-house building in Gwangju Northern-gu, Gwangju, which is owned by D, in the same place, at the 57.6 million won, and entered into a sales contract under the name of the actual owner C and entered into a sales contract under the name of the actual owner and registered the transfer to the registration office of Gwangju

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of Acts and subordinate statutes (No. 4,5) to each real estate register;

1. Article 7 (2) and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder's Name, which is applicable to the facts constituting an offense and the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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