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(영문) 수원지방법원 여주지원 2019.09.24 2019고정174
부동산실권리자명의등기에관한법률위반
Text

Defendants shall be punished by a fine of one million won.

If the Defendants did not pay the above fines, they shall be prohibited.

Reasons

Punishment of the crime

1. If a creditor has a real right to real estate transferred to secure the repayment of Defendant B’s obligation, he shall submit to the registrar a document stating that it is a security for the debtor, amount of credit, and repayment of obligation, along with an application for registration; and

Nevertheless, the Defendant did not submit to the registration officer a document stating that it is a building of Gyeonggi-gun D, the debtor, the amount of credit, and the security for repayment of debts, even though he/she had completed the registration of ownership transfer for the purpose of securing a claim equivalent to KRW 160 million against C in the amount of KRW 160,000,000 for the total amount of KRW 7,00,000,000 to the Suwon District Court, which was located in Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-

2. If a creditor has a real right to real estate transferred to secure the repayment of obligation A, he/she shall submit to the registrar a written application, stating that the debtor, amount of credit, and security for repayment of obligation is a security, along with an application for registration;

Nevertheless, on October 22, 2013, the Defendant did not submit to the registration officer a document stating that the registration of the transfer of ownership for the building, land was completed for the purpose of securing a claim equivalent to KRW 20 million against C, which is equivalent to KRW 20,000,000, in Suwon-gun, Yangyang-gun, Yangyang-gun, Yangyang-si, Yangyang-si, Yangyang-gu, Yangyang-si, the Defendant did not submit to the registration officer, along with the application for registration.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation report (verification and attachment of a certificate of all matters registered on the land);

1. Each police suspect interrogation protocol against the Defendants (including C’s statement)

1. Investigation report (verification of all descriptions of land and attachment of a certificate);

1. A complaint filed by E;

1. Application of Acts and subordinate statutes to E written statements;

1. Article 7 (1) 2 and Article 3 (2) of the Act on the Registration of Real Estate under Actual Titleholder's Name concerning the facts constituting the crime;

1. The Criminal Code of the Detention of Labor House; and

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