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(영문) 창원지방법원 거창지원 2018.03.09 2017고단365
부동산실권리자명의등기에관한법률위반
Text

Defendants shall be punished by a fine of five million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

The Defendants, as married couple, are running a construction business with the trade name of “D”.

In purchasing land for the construction of housing in the name of the Defendants, the Defendants agreed to purchase and register the land in the name of G, a sibling of the Defendant E, F and Defendant B, because it is likely that the loan would not be achieved smoothly due to the existing debt, etc., and received the necessary documents for the purchase and sale of land and the registration of real estate after obtaining the consent of trust in the name of the above E, F and B.

Then, the Defendants purchased K-owned land from J to 348,40,000 won from J on October 14, 2015, and the Defendants concluded a sales contract as if E, F, and G purchased it in accordance with the above title trust agreement, and made a certified judicial scrivener I enter into a contract as if E, F, and G purchased it in the same day with E, F, and G, thereby having a certified judicial scrivener I register the real right to real estate in the name of the trustee in accordance with the title trust agreement, from around that time to November 13, 2015, and registered the real right to real estate in the name of the trustee in accordance with the title trust agreement.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol of suspect examination of the police against E or F;

1. Statement by the police concerning L;

1. Written accusation;

1. A copy of a real estate transaction contract, a certified copy of each registry, and a detailed statement of deposit transactions;

1. Each investigation report (M's telephone conversations with respect to N and Real Estate Trading, J and telephone conversations with respect to the sale and purchase of real estate);

1. Relevant Article 7(1)1 and Article 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, Article 30 of the Criminal Act, and the selection of fines for the crime

1. Defendants who aggravated concurrent crimes: the former part of Article 37 and Article 38 of the Criminal Act.

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