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(영문) 서울남부지방법원 2017.07.12 2017고정684
부동산실권리자명의등기에관한법률위반교사
Text

Defendants shall be punished by a fine of KRW 2,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

No one shall register any real right to real estate in the name of the trustee under the title of the trust agreement.

Nevertheless, the Defendants, upon the request of D, purchased the house under the name of Defendant A in purchasing the house, and received the real estate mortgage loan under the name of Defendant A, and committed the following crimes.

1. Defendant B, who was aware of his knowledge at the adjoining land in August 2015, Defendant B

A lending the name of the purchaser at the time of purchasing D's house to A, and allowing A to be a trustee in the name of the purchaser.

As a result, around August 20, 2015, A purchased a house from 453-2 (States) of Yangcheon-gu Seoul Metropolitan Government, Yangcheon-gu, Seoul, to F from 270 million won, the buyer was registered in the name of A and then the ownership transfer registration was made in the name of A.

As a result, Defendant B caused A to complete the registration of transfer of ownership as a nominal trustee pursuant to the title trust agreement.

2. On August 20, 2015, Defendant A purchased D’s house from 453-2 (State office) located in Yangcheon-gu Seoul Metropolitan Government New Month-dong 453-2 (State office) from Barendong-dong, Yangcheon-gu, Seoul, to 270 million won, Defendant A had the buyer registered under the name of Defendant A, and registered ownership transfer under the name of Defendant A.

As a result, Defendant A completed the registration of transfer of ownership in its name as a nominal trustee pursuant to the nominal trust agreement.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Statement made by the police with regard to F;

1. A real estate transaction contract (F, A);

1. A certificate of all matters to be registered: A certificate of all matters to be registered; and

1. Article 7 (2) and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder's Name, concerning the facts constituting the crime under the relevant Article;

1. Attraction of a workhouse;

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