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(영문) 의정부지방법원 2017.10.26 2017고정1391
부동산실권리자명의등기에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. When the Defendant purchased B apartment units 103-106 from C to 270 million won, the Defendant requested D to request D to change the registration of transfer of ownership and request D to do so.

Accordingly, D prepared a sales contract as if D purchased the above real estate, and made documents necessary for registration to the defendant, and the defendant filed an application for registration of transfer of ownership in the name of D with the registration division of the Incheon District Court located in the Nam-gu Incheon Metropolitan City Incheon Metropolitan City District Court around June 2014.

Accordingly, the defendant was registered in the name of the truster, and D was entrusted with the name.

2. The Defendant requested G to request for the registration of the transfer of ownership in its name in purchasing from F the Seo-gu Incheon Metropolitan City E apartment Nos. 110, 1001, 346,000, Seo-gu, Seoyang-gu, Busan Metropolitan City.

Accordingly, G prepared a sales contract as if Defendant D purchased the above real estate, and made documents necessary for registration to Defendant, and the Defendant filed an application for registration of transfer of ownership in the name of G with the registration division of the Incheon District Court located in the Nam-gu Incheon Metropolitan City University-dong, Incheon Metropolitan City around February 2016 and filed an application for registration of transfer of ownership in the name of G.

Accordingly, the defendant registered in the name of the truster, and G was entrusted with the name.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to D or G;

1. Investigation report (case of telephone conversations between a witness C) and investigation report (case of telephone conversations between a witness F-person for reference and the nominal owner of a real estate contract);

1. Application of Acts and subordinate statutes governing each certificate for registration;

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder's Name, for facts constituting an offense, and Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder's Name;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case for the reason of sentencing of Article 334(1) of the Criminal Procedure Act with respect to the provisional payment order is the ownership of the real estate.

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