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(영문) 수원지방법원 2013.06.12 2013고정686
부동산실권리자명의등기에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 4,000,00 and by a fine of KRW 1,500,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

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

1. On July 20, 2010, Defendant A registered the ownership transfer for sale on the ground of B’s name on January 10, 2006 under a title trust with respect to the land size of 649 square meters purchased from Defendant C at the Macheon-si District Court of Macheon-si, 376-4, Dong-dong, Dong-dong.

2. Defendant B acquired the registration of ownership transfer in the name of the Defendant with respect to the above land purchased by A as above at the time and place specified in the above paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A police suspect interrogation protocol (real estate sales contract);

1. Application of Acts and subordinate statutes on police statement to E;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 7(1)1 and 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name;

(b) Defendant B: Articles 7(2) and 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (Selection of Fines)

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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