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(영문) 인천지방법원 2014.08.13 2014고단1571
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

No one shall register any real right to real estate under the name of the title trustee according to the title trust agreement.

Nevertheless, around April 2009, the Defendant, a title trustee in Seo-gu Incheon, lent the above D’s name to purchase the building E 204 at the residence of the title trustee in Seo-gu Incheon, and agreed by the said D. Accordingly, in purchasing the above building from the seller F, the seller, on May 12, 2009, the Incheon District Court registered the said building at the Incheon District Court’s registration division on April 11, 2009 under the title trust agreement with D and completed the registration of ownership transfer for the reason of sale on April 11, 2009 under the title trustee D.

Summary of Evidence

1. Defendant's legal statement;

1. Grade D and G of the protocol of examination of the accused by the prosecution;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, which is applicable to facts constituting an offense, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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