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(영문) 대전지방법원 2013.04.19 2012고정2712
부동산실권리자명의등기에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On January 11, 200, Defendant A completed the registration of ownership transfer with respect to 1/3 of the building D in Daejeon-gu Daejeon-gu on November 22, 201, and completed the registration of ownership transfer with respect to the said share on November 22, 2010, Defendant A trusted the ownership of real estate by completing the registration of ownership transfer based on sale as of November 19, 201 pursuant to the title trust agreement with respect to the said share.

2. Defendant B completed the registration of ownership transfer as described in paragraph (1) and entrusted the ownership of real estate.

Summary of Evidence

1. The Defendants’ partial statements in the first trial record;

1. Each legal statement of witness E and F;

1. Partial statement of the witness B;

1. Examination protocol of Defendant B prepared by the public prosecutor;

1. Some of the interrogation protocol of Defendant A prepared by the public prosecutor;

1. Confirmation of progress of investigation;

1. Full certification (including matters to be cancelled) - Application of Acts and subordinate statutes governing buildings, rents and rents;

1. Relevant Articles 7(1)1 and 3(1)2 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (Selection of Fines): Defendant 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. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: the Defendants and the defense counsel’s arguments regarding the Defendants and the defense counsel under Article 334(1) of the Criminal Procedure Act; Defendant A sold 1/3 equity (hereinafter “instant equity interest”) out of the Daejeon-dong D Building (hereinafter “instant building”) on November 19, 2010 to Defendant B at the price of KRW 237 million; Defendant B completed the registration of ownership transfer first on the condition that it would pay the remainder of KRW 17 million after taking over the total debt of the collateral security interest, but Defendant B completed the registration of ownership transfer on the condition that it is difficult to transfer the collateral security right after the financial institution.

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