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(영문) 수원지방법원 평택지원 2013.05.16 2012고단1242
부동산실권리자명의등기에관한법률위반
Text

[Defendant A] The defendant A shall be punished by imprisonment for eight months.

[Defendant B] Defendant B shall be punished by imprisonment for six months.

except that this shall not apply.

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, around February 15, 2008, the Defendants entered into a title trust agreement with Defendant A to complete the registration of ownership transfer in the name of Defendant B at the office of “G Licensed Real Estate Agent” operated by Defendant A, which is operated by Defendant A, and completed the registration of ownership transfer for the reasons of sale on February 15, 2008 under the name of Defendant B at the Suwon District Court, which is located in 156-1, 156-1, Suwon-si, Dongwon-si, the same day.

Summary of Evidence

1. Statement made by the defendant A in the second protocol of trial;

1. Statement A of a witness in the third protocol of trial;

1. Protocol concerning the suspect examination of the defendant A by the prosecution;

1. Statement of each police statement to I and J;

1. Full certificate of the registered matters;

1. A loan transaction agreement and a document establishing a mortgage;

1. Business cooperation and reply (a copy of B certificate of the personal seal impression issued);

1. Application for the establishment of chonsegwon and the application of statutes governing the certificate of personal seal impression;

1. Article 7 (1) 1 of the Act on the Registration of Real Estate under Actual Titleholder’s Name and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name for the facts constituting the crime (Defendant B);

1. Article 7 (2) and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder's Name as to the facts constituting the crime and the registration of the name of actual right holder;

1. Defendant B and defense counsel’s assertion of Defendant B and defense counsel under Article 62(1) of the Criminal Act asserts that Defendant B and defense counsel did not complete the registration of ownership transfer in the real estate as indicated in the judgment by concluding a title trust agreement with Defendant A, but Defendant B unilaterally completed the registration of ownership transfer in the real estate in the name of Defendant B by forging documents under Defendant B.

However, according to the evidence of the judgment, the defendant Eul secured the real estate purchased by the defendant A on February 15, 2008.

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