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(영문) 서울남부지방법원 2013.10.21 2013고정2885
부동산실권리자명의등기에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 8, 2010, the Defendant purchased C and Geumcheon-gu Seoul Metropolitan Government No. 2 and 519 in the name of the Defendant at the D director's office operated by Geumcheon-gu Seoul Metropolitan Government B and 201, and made a title trust agreement to complete the registration of ownership transfer.

C has concluded a sales contract with the Defendant as the buyer on the same day, and on June 10, 2010, the Seoul Southern District Court completed the registration of ownership transfer in the name of the Defendant on the grounds of sale from the Guro District Court registry office of Seoul Southern District Court.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of suspect C by the prosecution;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 7 (2) 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 punishment;

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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