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Defendants are not guilty.
Reasons
1. No person charged with the instant charges shall register any real right to real estate under the name of the title trustee according to the title trust agreement;
Defendant
A as the owner of the building site 191.7 square meters and above ground buildings located in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant real estate”), upon the application of G, a mortgagee of the instant real estate, the decision to commence the voluntary auction on September 12, 2007 was made. A entered into a title trust agreement with Defendant B at that time, and Defendant B acquired the ownership of the instant real estate through a voluntary auction conducted at the auction 10 times of Seoul, Nowon-gu, Seoul, Nowon-gu 1, 622 Seoul Northern District Court on March 18, 2008.
Accordingly, Defendant A made a title trust of the real right to the instant real estate according to the title trust agreement, and Defendant B entrusted the name.
2. Each of the documentary evidence and each of the recording records, each of which contains the statements of H, I, J, K, and L in the investigative agency or each of the statements of H, J, J, K, and L, as evidence of the facts charged in the instant case.
In this regard, each of the statements made by H and K in this court and investigative agency are not sufficient to recognize whether the title trust of this case is held solely with the above statements made by H and K, as the statements made by J and I were delivered by J and I.
Next, each recording record of this case is very important.
First of all, the J may recognize H and K to the effect that “Defendant A was awarded the instant real estate under the name of Defendant B with the Defendant’s name, and Defendant B’s domicile as Defendant A’s child-friendly group.” However, the J appeared in this court and said statement was merely a false or exaggerated manner to see himself/herself for the first time to a woman who is deemed to engage in real estate brokerage business, and himself/herself was not involved in receiving the bid of the instant real estate.