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(영문) 서울북부지방법원 2016.08.11 2015고단4277
부동산실권리자명의등기에관한법률위반등
Text

Defendant

A and B shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for four months.

on the part of the defendant B.

Reasons

Punishment of the crime

1. No person shall register the real right to real estate in the name of the trustee under the name of the title deed, pursuant to the agreement on trust in the name of the trustee, in the name of the person who has the real right to real estate;

Defendant

C On January 2012, at the request of Defendant B, a director of G Co., Ltd., to construct and sell urban-type residential housing at H on December 12, 2012. On December 12, 2012, the construction contract was concluded between K Construction Representative L and 28 households on the said site to newly construct two units of multi-family housing at KRW 1,450,000,000.

Defendant

B On December 2, 2013, for the convenience of sale in lots, changed by registering in the name of G and the actual operator of Defendant C and the above G, and the Defendant C and the Defendant A concluded, upon the request of Defendant B, a trust agreement in the name of the above G to register 28 households of the urban living house to be completed on the above I site and the above site.

A. Defendant C had, pursuant to the above title trust agreement, registered the transfer of ownership in the name of G on December 24, 2013 with respect to the said I site at the Goyang-gu District Court, Goyang-gu, Seoul District Court (Seoul District Court), and registered the transfer of ownership in the name of G on October 6, 2014 with respect to the said I’s first floor on October 1, 101, 102, 103, 104, 105, 106, 107, 201, 202, 203, 204, 205, 207, 207, 301, 303, 304, 305, 306, 304, 306, 304, 306, 307, 304, 304, 307, 404, 406, and 47.

As a result, Defendant C registered the real right to his own real estate in the name of G(Representative A), a trustee, in accordance with the nominal trust agreement and entrusted the name.

B. Defendant A entered into a title trust agreement with C as above and on December 24, 2013.

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