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(영문) 광주지방법원 순천지원 2020.06.30 2019고정311
부동산실권리자명의등기에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

On January 28, 2014, the Defendant: (a) around 28, 2014, B (B) purchased KRW 740,00,000 from D, and received the F’s request to designate the above parking lot site as a private house or facility and entered in F the facts charged as “B lending the name to B; (b) the Defendant asserts that he was under a title trust from F, not B; (c) the Defendant and F prepared an agreement related to the title trust (Evidence No. 34); and (d) the Defendant and F came to know that the ownership transfer registration was made in its name; (d) the Defendant and F would sell the land more than 740,00,000, and around May 2016, the Defendant and F made a statement under the name of F with the Defendant’s request to lend the land to F to F; and (e) the Defendant and F made a statement under the name of F as if they were under a title trust (i.e., 9).

On July 23, 2014, the name of the defendant was lent to the defendant, and the registration of ownership transfer was made in the name of the defendant on the above parking lot site due to sale.

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

Summary of Evidence

1. Statement to the effect that the defendant decided to lend the name of the defendant to F in this Act and completed the registration of ownership transfer concerning the real estate stated in the judgment;

1. The police statement concerning B;

1. A real estate sales contract;

1. A copy of land register;

1. Application of Acts and subordinate statutes of an agreement;

1. Relevant Article of facts constituting an offense and the old real estate for which punishment is chosen;

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