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(영문) 서울서부지방법원 2014.01.21 2013고정1910
부동산실권리자명의등기에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

The above fines are imposed by the Defendants.

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.

1. Defendant A purchased a house located in Mapo-gu Seoul Metropolitan Government from F, and made a title trust agreement with Defendant B, and completed the registration of ownership transfer in the name of Defendant B around August 25, 2010 at the registry office having jurisdiction over the Seoul Western District Court.

Accordingly, the above Defendant registered the real right to real estate under Defendant B according to the title trust agreement as a title truster.

2. Defendant B entered into a title trust agreement with Defendant A, and around August 25, 2010, Defendant B transferred the ownership registration with respect to the said housing under his/her name at the registry office having jurisdiction over the Seoul Western District Court.

Accordingly, the above defendant registered a real right to real estate in his name under the title trust agreement as a title trustee.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol of the police statement concerning G;

1. Details of transactions in each account;

1. Application of a certified copy of register, housing sales contract statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Articles 7(1)1 and 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (Selection of Fines)

B. Articles 7(2) and 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (Selection of Fines)

1. It is so decided as per Disposition for the reasons under Articles 70 and 69(2) of the Criminal Act or above;

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