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(영문) 울산지방법원 2018.10.05 2018고단1701
부동산실권리자명의등기에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

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, around March 27, 2012, the Defendant agreed to register the transfer of ownership in the name of the Defendant’s father- G and two persons, other than G, from the Defendant’s house located in Gangnam-gu Seoul and the branch of the Defendant with respect to the 2,708 square meters of land located in Ulsan-gun, Ulsan-gun, Seoul, with the purchase price of KRW 80 million from E, and registered the transfer of ownership in the name of the Defendant’s father-Ginsan District Court on the same day, and registered the transfer of ownership in the name of the said real estate six times in total as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. The defendant's written answer;

1. A written accusation;

1. Application of Acts and subordinate statutes to certificates for all matters to be registered, and reports on real estate transaction contracts;

1. Article 7 (1) 1 and Article 3 (1) (a) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, for facts constituting the crime, and Articles 7 (1) 1 and 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “the reason for sentencing”), where the Defendant purchased the instant land, was made under the name of another person, such as his father, mother, and mother, by way of the title trust agreement. The act of registering the said land in accordance with the title trust agreement, is generally prohibited from being committed against social acts, such as speculation, evasion of taxes, evasion of law, etc. which abuse the real estate registration system, and the act of trusting the real estate in the name to normalize the transaction of real estate and to stabilize the real estate price. However, the act of completing the registration in the name of the trustee in violation of the title trust agreement, is a crime that impairs

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