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(영문) 서울북부지방법원 2013.11.21 2013고정918
부동산실권리자명의등기에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 8 million, and Defendant B shall be punished by a fine of KRW 2.5 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

No one shall register in the name of a title trustee pursuant to an agreement (hereinafter referred to as "title trust agreement") made between another person and another person who holds or is to acquire the ownership or other real rights to any real estate, and another person who holds or is to acquire the real right to the real estate internally, in the name of the title trustee, pursuant to an agreement made between him/her and another person to the effect that the latter person holds

On the other hand, Defendant A purchased the real estate subject to redevelopment in Dongdaemun-gu Seoul Metropolitan Government, and gave a mind to acquire apartment sales tickets to be supplied to the homeless.

However, Defendant A did not meet the qualification requirements for his wife to own a house and did not constitute a homeless person, and therefore, Defendant A concluded a title trust agreement with Defendant B, and had the ownership of real estate in Defendant B’s name.

Therefore, Defendant A demanded Defendant B to lend the name in order to acquire the ownership of real estate, and Defendant B obtained Defendant B’s consent on April 25, 2008, and purchased 39.3/115 of the ownership of the building located in Dongdaemun-gu Seoul Dongdaemun-gu in Seoul on April 25, 2008 as KRW 180,000,000, and completed the registration of ownership transfer by sale in the future of Defendant B.

Accordingly, according to the title trust agreement, Defendant A trusted the ownership of real estate, and Defendant B entrusted the ownership of real estate.

Summary of Evidence

1. The legal statement of the defendant A (as of the fourth trial date), and the legal statement of the defendant B;

1. Each legal statement of witness B and F;

1. Application of a sales contract or a certified copy of the register;

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. Detention at a workhouse;

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