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(영문) 전주지방법원 군산지원 2019.01.09 2018고단1273
부동산실권리자명의등기에관한법률위반등
Text

[Defendant A]

1. The sentence shall be suspended against the defendant;

2. Of the facts charged against the Defendant.

Reasons

Punishment of the crime

Defendant

B around August 2013, at the time of 2013, each nominal owner of the loan of this case was recruited to Defendant A to avoid demanding the Defendant to repay his/her debt to G, the creditor of this case, even though B received from the debtor C the name of payment in lieu of the building E and F (hereinafter “the loan of this case”).

No person shall register any real right to real estate in the name of the title trustee according to the title trust agreement.

On March 2015, the Defendants concluded a title trust agreement with C, with the intent to have the name of the transfer registration of the loan of this case completed to Defendant A, and concluded a sales contract with Defendant A with the purchaser of the loan of this case, and each of the transfer registration was made to Defendant A in the future.

Since then, around March 30, 2015, Defendants entered into a contract with C and Defendant to sell and purchase the instant loan at the law firm I office located in Y in Hasan-si, and prepared a sales contract with Defendant A as purchaser. On April 1, 2015, Defendants completed the registration of ownership transfer of the instant loan from the Dosan-si Office of the Jeonju District Court in the name of Defendant A.

Accordingly, the Defendants conspired and registered the real right to real estate under the name of Defendant A, the title trustee, in accordance with the above title trust agreement.

Summary of Evidence

1. Defendants’ legal statement

1. Statement to J police officers;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Article 7(2) and Article 3(1) of the former Act on the Registration of Real Estate under Actual Titleholder’s Name (Amended by Act No. 13713, Jan. 6, 2016; hereinafter the same shall apply); Defendant B selected as a fine: Article 7(1)1 and Article 3(1) of the former Act on the Registration of Real Estate under Actual Titleholder’s Name; Articles 7(1)1 and 3(1) of the former Act on the Registration of Real Estate under Actual Titleholder’s Name;

1. Articles 70(1) and 69(2)1 of the Criminal Act for the confinement of a workhouse; 100.

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