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(영문) 제주지방법원 2017.04.26 2016고단2517
부동산실권리자명의등기에관한법률위반등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 10,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

(a) 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 in the name of the trustee under the name of the trust agreement;

1) While the Defendant was trying to purchase land in the name of the Party D in the name of the Party D in the name of the Party D in order to construct a new hotel for E hotel, the Defendant was unable to purchase farmland under the name of the Defendant due to regulation under the Farmland Act, and was willing to purchase the farmland by means of a nominal trust.

On March 28, 2013, the Defendant was aware of the ownership of F, G, H, I, J, K, L, M, N, N, orO (total of 10 square meters, size of 17,645 square meters) that he purchased on or around March 28, 2013 by the Defendant.

The same year from March 28, 2013 to the agreement to trust the name to B.

5. Until October 20, the registration of transfer of ownership was made in B’s name, such as in the list of crimes.

2) During the process of a new construction and sale of Q apartment 263 generation by requesting the development of the P P P land in Seocho-si, one owned by the Defendant, the Defendant was willing to purchase the said land directly in his/her name in order to prevent the decline in the public sale of the remaining land, and to purchase the said land under his/her own name by means of a trust in his/her name, with concerns over having his/her creditors undergo compulsory execution, such as seizure of the land, etc.

On June 30, 2014, the Defendant agreed to have the ownership of R, S, T, U,V, and W (total 6 parcels, 1,604 square meters) in the name of the trust to B, and completed the registration of transfer of ownership in the name of the same day on the same day.

(b) Any person who violates farmland law shall not be issued a certificate of qualification for acquisition of farmland by fraudulent or other illegal means for the purpose of owning farmland in violation of restrictions on ownership of farmland, and any person other than those who use or use farmland for his/her own agricultural management;

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