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(영문) 부산지방법원 2015.04.08 2015고정390
부동산실권리자명의등기에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

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.

Nevertheless, on September 22, 2012, the Defendant anticipated the attachment from the tax office due to the default of value-added tax on D apartment 101 Dongdong-gu, Busan and 2403 square meters (84.90 square meters) in his/her office located in Geumcheon-gu, Busan to name the above apartment to E, who is an employee. On October 17, 2012, the Defendant had the Busan District Court and the Busan District Court, which was located in the Busan District Court and the Busan District Court, submit documents necessary to complete the registration of ownership transfer, and completed the registration of ownership transfer in the name of E, which was based on the sale of the above apartment, on October 22, 2012.

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

Summary of Evidence

1. Defendant's legal statement;

1. Partial statements of each police suspect interrogation protocol regarding E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name for the Fact-finding and the Selection of Punishment;

1. Articles 70 (1) 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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