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(영문) 부산지방법원 2015.04.24 2014노3829
개발제한구역의지정및관리에관한특별조치법위반등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found Defendant A guilty of violating the Act on the Registration of Real Estate under Actual Titleholder’s Name with respect to the violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name with respect to Defendant A, but Defendant A was jointly owned with H, E, G, and F, and 165,885 square meters (hereinafter “instant real estate”).

Defendant B, a so-called special purpose company, for the management of the company (hereinafter “Defendant Company”).

(2) The judgment of the court below that found Defendant A guilty of violating the Act on the Registration of Real Estate under Actual Titleholder’s Name as to the Registration of Real Estate under the Act on the Registration of Real Estate under Actual Titleholder’s Name and thereby adversely affected the conclusion of the judgment by misapprehending the legal principles, or misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. 2) Even if not, the judgment of the court below against the Defendants, including the Defendants’ violation of the Act on Special Measures for Designation and Management of Development Restriction Zones, was made in the name of the Defendant company, and the right to manage and dispose of the instant real estate was entirely transferred to the Defendant company. Thus, the judgment of the court below against the Defendants including the violation of the Act on the Registration of Development Restriction Zones

B. The sentence of the lower judgment against the Defendants by the prosecutor is too uneased and unreasonable.

2. Determination:

A. We examine the determination of mistake of facts or misapprehension of legal principles regarding Defendant A’s assertion. Various circumstances presented by the court below in finding Defendant A guilty of violating the Act on the Registration of Real Estate under Actual Titleholder’s Name. In other words, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, F and H, who are co-owned share holders of the instant real estate, are registered in the name of his fatherJ. The ownership share in the instant real estate is finally binding on the Defendant Company.

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