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(영문) 서울동부지방법원 2013.10.25 2013고정2252
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 shall be paid.

Reasons

Punishment of the crime

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

On December 12, 2010, the Defendant agreed that the above B apartment No. 502 owned by the Defendant at the Defendant’s home located in Gangdong-gu Seoul Metropolitan Government B apartment No. 502 should be completed the registration of ownership transfer in the name of ASEAN, notwithstanding the fact that the Defendant was the actual owner who was to acquire it under the name of retirement allowance, dividend, etc., and on December 10, 201, the Seoul Eastern District Court registry completed the registration of ownership transfer in the above D name.

Accordingly, the defendant registered the ownership of the above real estate in the name of D, a title trustee.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application for registration of transfer of ownership and application for full certificate of registered matters (D);

1. Relevant Article concerning the facts constituting an offense, and Articles 7 (1) 1 and 3 (1) of the Act on the Registration of the Real Estate under Actual Titleholder’s Name as to the option 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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