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(영문) 인천지방법원 2014.11.20 2014고단5832
부동산실권리자명의등기에관한법률위반
Text

Defendant

A shall be punished by a fine of two million won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

Defendant A, as the representative director of the F Co., Ltd. located in the Nam-gu Incheon Metropolitan City E, is proceeding with the construction of H apartment on the land outside of G and three parcels. On September 21, 2009, Defendant A transferred 250 households of the above apartment building to the JJ on three billion won and received 260 million won out of the purchase price from J, and completed the registration of ownership transfer for the above apartment building to the J on October 13, 2009.

Defendant

B as the top line of the above A, lent KRW 370 million to the above A with the operating fund of the company. A around March 201, he received KRW 370 million from the above A with respect to his claim against the J.

Therefore, on February 2013, the above I decided that the above H apartment 104, 107, 206, 207, 208, 305, and 306 of the above H apartment 104, 207, 207, 208, 305, and 306 (hereinafter “the apartment of this case”) will be paid in kind to the above B, but the above B, who was seeking a payment in cash rather than payment in kind, transferred the ownership of the apartment of this case to the above A to dispose of the apartment of this case, and agreed with the above A to receive the payment for the disposal thereof.

Criminal facts

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

Nevertheless, on February 27, 2013, Defendant A received the registration of transfer of ownership from the above I under the name of Defendant A (a disposition of suspending indictment on the same day).

Summary of Evidence

1. Defendant A’s legal statement

1. L's statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Article concerning the facts constituting an offense: Article 7 (1) 1 and Article 3 of the Act on the Registration of Real Estate under Actual Titleholder’s Name;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. A provisional payment order: The portion not guilty under Article 334 (1) of the Criminal Procedure Act;

1. The relationship between the Defendants and the circumstances leading to the crime against Defendant B, and Defendant A, the Nam-gu Incheon Metropolitan City E.

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