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(영문) 창원지방법원 2013.06.11 2012고단3877
부동산실권리자명의등기에관한법률위반등
Text

Defendants shall be punished by imprisonment for six months.

except that the execution of each of the above penalties shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

(a) 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;

Nevertheless, on May 1, 2008, the defendant purchased the F land from G at a place where the location is unknown, and agreed with H to register the land in the name of H in the Defendant’s wife’s name, at a place where the place is unknown. The following year:

6. Around 19.19. Around the same day, a title trustee completed the registration of ownership transfer on the said land under the name of H, and completed the registration of ownership transfer in the name of H, I, J, or K on 47 occasions as shown in the attached list of crimes.

Accordingly, the Defendant registered the real right to real estate under the name of the title trustee according to the title trust agreement.

B. The Defendant in violation of the National Land Planning and Utilization Act committed an act of installing landscaping facilities, packing concrete packaging, opening a sidewalk, etc. on the land of six lots, including the Defendant’s 1,195 square meters in Kimhae-si, Kim Dong-si, M 329 square meters in total, N 1,470 square meters in total, N 1,470 square meters in total, P 298 square meters in total, and Q 5,117 square meters in total, owned by the Defendant, around spring, 2009.

Although the Defendant was notified by the Defendant’s house located in Kimhae-si of May 25, 2012 that the land with its form and quality changed should be restored to its original state until June 10, 2012, the Defendant did not comply with an order to take measures to restore the land to its original state within a Saturday area under the name of the Kimhae-si market to its original state without justifiable grounds.

2. Defendant B served from July 2010 to March 201 as the chief director of the Telecommunication Union in Kimhae-si.

A union shall not grant a loan, etc. to a same person in excess of the larger amount between 20/100 of its equity capital and 1/100 of its total assets as of the end of the immediately preceding business year, except where the National Federation Chairperson approves such loan in accordance with the guidelines

Nevertheless, the defendant is the National Federation Chairperson.

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