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(영문) 광주지방법원 2016.10.20 2016고정1188
부동산등기특별조치법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person who violates the Act on the Registration of Real Estate under Actual Titleholder's Name shall register any real right to real estate under the name of the title trustee according to the title trust agreement;

Nevertheless, around November 24, 2011, the Defendant registered the instant land in the name of the Defendant, a title trustee, in the registry office of the Gwangju District Court located in the Gwangju Mine-gu, to register the land of this case in the name of the Defendant, which was purchased from D by the Korea Culture and Arts Association and the Korea D D D D, with the size of B 1,653 square meters, E70 square meters, F1,180 square meters, G 1,347 square meters (hereinafter “instant land”). On July 10, 2012, the Defendant registered the instant land in the name of the Defendant, a title trustee, in the registry office of the Gwangju District Court located in 106, Seo-gu, Gwangju Metropolitan City.

2. Any person who is obliged to apply for the registration of transfer of ownership in violation of the Act on Special Measures for the Registration of Real Estate shall not apply for registration by stating the grounds for registration falsely.

Nevertheless, on June 26, 2012, the Defendant entered that, even though the Korea Culture and Arts Association Association, a non-profit corporation, purchased a 1801mm2 from D in the registration state of the Gwangju District Court located in Seo-gu, Gwangju, Seo-gu, Gwangju, the Defendant donated the grounds for registration to the Korea Culture and Arts Association, while applying for the registration of ownership transfer.

Summary of Evidence

1. Defendant's legal statement;

1. A certified real estate register;

1. Application of Acts and subordinate statutes on a real estate sales contract;

1. Article 8 subparagraph 2 of the Act on Special Measures for the Registration of Real Estate Selection for Crimes, Articles 8 and 6 of the Act on Special Measures for the Registration of Real Estate under Actual Titleholder’s Name, Articles 7 (2) and 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and Selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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