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(영문) 의정부지방법원 2015.12.23 2015고단2319
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

[2015 Height2319] No person may register any real right to real estate in the name of the title trustee according to the title trust agreement.

1. The Defendant’s sole criminal defendant, as the representative director of D Co., Ltd., was unable to obtain land transaction permission under the name of D Co., Ltd. when promoting the development project of E Co., Ltd., for both weeks, and was able to complete the registration of ownership transfer under his name

The Defendant, at the Do Government Registry located on July 15, 2010, 146 Doo-ro 13, 2010, completed in the name of the Defendant in accordance with a title trust agreement for the registration of the ownership transfer of G land at Yangju-si, which the said company purchased from F, pursuant to the title trust agreement for the transfer of the ownership of G land, and from that time to January 7, 201, attached Table 1, 2, 4, and 16 Nos. 3 of the list of crimes in attached Form 15 times are separately recognized from criminal facts 2. As such, the part concerning the sole crime is excluded from this part.

E The registration of ownership transfer for the land was made in the name of the defendant.

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

2. On August 6, 2010, the Defendant instructed H to register in the name of an individual according to the title trust agreement at the Dong-gu Government Registry located in 146 Doo-ro 13, J and joint principal administration (hereinafter “H”) to the employees of D, and H completed the registration of transfer of ownership with respect to 129 square meters before J in Yangju-si purchased by the said company from I.

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

[2015 Highest 3830]

1. The defendant who violated the Act on the Registration of Real Estate under Actual Titleholder's Name Following Title Trust is the representative director of D Co., Ltd., and promoted the E-Japan apartment development project, which is included in the land transaction contract permission zone.

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