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(영문) 서울중앙지방법원 2020.09.28 2020고정1173
부동산실권리자명의등기에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

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

Around June 30, 2014, the Defendant would have decided to commence a voluntary auction on the third floor of the Seocho-gu Seoul Metropolitan Government building C, and on July 2014, at the FF office located in the Songpa-gu Seoul Metropolitan City D market, the Defendant entered into a title trust agreement to pay the proceeds from the sale of the above real estate to the Defendant, and make E participate in the auction procedure on behalf of the Defendant in accordance with the above title trust agreement. After E becomes the buyer and paid the proceeds therefrom in full, the Defendant, at the registry office of the Seoul Central District Court located in Seocho-gu Seoul Metropolitan City, the Seoul Central District Court, on May 11, 2015, made the registration of ownership transfer under the name of E, the title trustee, for the reason of the voluntary auction sale of the above real estate through a certified judicial scrivener in the name of the title trustee.

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

Summary of Evidence

1. Each police suspect interrogation protocol of the defendant E in court statements, and G;

1. Application of Acts and subordinate statutes to the entire certification (a collective building) of the matters registered with the C-dong branch of the Seocho-gu Seoul Metropolitan Government building B, written statement of H

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, which is applicable to facts constituting an offense, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is not only a violation of normal real estate transaction order by making a registration inconsistent with the substantive legal relationship, but also a high risk of abusing it as a means of evasion of speculative tax evasion, and the defendant is entrusted with the name of the real estate in this case to E.

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