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(영문) 대전지방법원 2016.04.06 2015고정1649
부동산실권리자명의등기에관한법률위반등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. No person who violates the Act on the Registration of Real Estate under Actual Titleholder's Name shall register any real right to real estate in the name of the trustee under the name of the trust agreement;

In order to newly construct a house with the consent of C in the land located in the Daejeon-gu Daejeon-gu, Daejeon-gu, which is the water source protection area owned by the Defendant’s type C, the Defendant purchased a fluorial area from the original resident E, and agreed with E to build a house with a building permit granted under the name of E and to complete registration for the preservation of ownership.

After the Defendant constructed a detached house of the second floor and the second floor underground (hereinafter “instant building”) at the above location, on June 28, 2013, the Daejeon Daejeon Daejeon District Court, Daejeon District Court, Daejeon, Daejeon District Court, on June 28, 2013, registered the preservation of ownership of the instant building under the name of E in accordance with the above title trust agreement.

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

2. A person who is required to apply for registration of transfer of ownership in violation of the Act on Special Measures for Registration of Real Estate shall not apply for registration with a false entry of the grounds for registration in the application for registration;

Although the Defendant did not purchase from C the land F, G, and H located in the Dong-gu Daejeon District Court (hereinafter “each of the instant real estate”), on December 30, 2012, the Defendant prepared a false real estate sale contract as if the Defendant purchased each of the instant real estate from C in the amount of KRW 100 million, and filed an application for registration of transfer of ownership on the said land with the Daejeon Daejeon District Court of Daejeon District on March 5, 2013, the Defendant filed an application for registration of transfer of ownership on the said land with the Daejeon District Court of Daejeon District on March 5, 2013.

Accordingly, in applying for registration, the defendant applied for registration by falsely stating the reason for registration.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by each prosecutor to the prosecution against I, C, and J;

1. A report on investigation (a written approval for use of a building);

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