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(영문) 서울서부지방법원 2013.07.24 2013고정901
부동산실권리자명의등기에관한법률위반
Text

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

If the Defendants did not pay the above fines, 50,000 won.

Reasons

Punishment of the crime

The representative F of E (hereinafter referred to as “E”) who constructed a D apartment in the Mapo-gu Seoul Metropolitan Government and eight lots of land, asked the Defendants to lend the ownership of the said D apartment to the Defendants, who were employees of E, with a view to borrowing the ownership of the said D apartment from other persons after lending the ownership of the said D apartment from other persons, and paying the purchase cost and the construction cost by receiving the loan from the community credit cooperatives as security, and accepted the above request.

1. On May 2009, the Defendant entered into a title trust agreement with the E office located in Mapo-gu Seoul Metropolitan Government Office 210, without purchasing the said D apartment 202 from E, Defendant A had the F enter into a sales contract with the F, which was made the buyer as of May 20, 2009, by issuing a certificate of personal seal impression, resident registration certificate, abstract of resident registration, etc. necessary for the transfer of the name, and had the F enter into the sales contract with the buyer as of May 20, 2009, and had the said D apartment 202 completed the registration of ownership transfer on May 29, 2009.

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

2. Notwithstanding the fact that Defendant B purchased the pertinent D apartment 401 from E office as indicated in paragraph (1) around May 2009, the Defendant concluded a title trust agreement with E, and issued F a certificate of personal seal impression, resident registration certificate, and abstract required for transfer of the name to F, and caused F to prepare a sales contract with the purchaser as of May 20, 209, and had the Defendant complete the registration of ownership transfer on May 29, 2009 with respect to the above D apartment 401 on May 20, 2009.

Accordingly, the Defendant’s real right to real estate under the name of the title trustee.

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