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(영문) 춘천지방법원 강릉지원 2013.06.26 2012고단220
사기등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 500,000.

Defendant

A and C, respectively.

Reasons

Punishment of the crime

[Defendant A and C's violation of the Act on the Registration of Real Estate under Actual Titleholder's Name] The Defendants become aware of the construction relationship from about 20 years to about 20 years, and are known to each other.

On March 21, 2011, the Defendants agreed to have the real estate under title trust in the name of Defendant C in order to avoid the compulsory execution of the creditors anticipated after the bankruptcy of the F Co., Ltd. (hereinafter “F”) operated by the said F Co., Ltd. (hereinafter “F”) at the home of Defendant A, which is located in the East Sea E (hereinafter “instant real estate”).

1. On March 21, 2011, Defendant A received Defendant C’s consent upon request by Defendant C to the effect that “The compulsory execution by the obligees is anticipated after F’s default, but the compulsory execution by the obligees is different after the F’s default.”

Defendant

A, according to the above agreement on March 22, 2011, although the facts did not sell the real estate to Defendant C at the time of the East Sea, A completed the registration of transfer of ownership with the content that was retroactive to February 21, 2011 on the date of sale and preparation of the grounds for registration.

Accordingly, Defendant A registered the ownership of real estate in the name of the title trustee according to the title trust agreement.

2. On March 21, 2011, Defendant C accepted the same request as the above 1.3 by Defendant A.

Defendant

C In accordance with the above agreement on March 22, 2011, the fact was not the purchase of real estate from Defendant A at the same time, but completed the registration of ownership transfer in its name as set forth in the above 1.

Accordingly, Defendant C registered the ownership of real estate in the name of the title trustee according to the title trust agreement.

Summary of Evidence

1. Defendants’ respective legal statements in the first trial record;

1. Third prosecutorial suspect interrogation protocol against Defendant A;

1. Application of Acts and subordinate statutes in one copy of the E-register in the East Sea of Gangwon-do;

1. Article 7 of the Act on the Registration of Real Estate under Actual Titleholder’s Name and Article 7(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name;

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