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(영문) 서울서부지방법원 2013.04.04 2013고정166
부동산실권리자명의등기에관한법률위반
Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is a person without a certain occupation, and B is a representative director of E, a corporation with a D apartment in the Mapo-gu Seoul Metropolitan Government and eight lots of land.

No person may register the real right to real estate in the name of the title trustee according to the title trust agreement, but the defendant borrowed the ownership of the said D apartment from B because the sale price of D apartment was low, and transferred the ownership of the said D apartment, and then received a request from the community credit cooperative to get the loan from the community credit cooperative as a security and received the request.

Accordingly, the Defendant and B prepared a sales contract as of May 20, 2009, even though they did not have actually sold the above D apartment 402 around May 2009, and completed the registration of transfer of ownership with respect to the above D apartment 402 as of May 20, 2009, the Defendant and B completed the registration of transfer with respect to the above D apartment 402 as of May 20, 2009.

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the suspect B of each police officer;

1. Statement of each police statement related to F and G;

1. Application of each statute on filing of a complaint;

1. Article 7 (2) and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder's Name, which is applicable to the facts constituting an offense and the selection of punishment;

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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