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(영문) 제주지방법원 2013.11.20 2013고정846
부동산실권리자명의등기에관한법률위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

If the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

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

Nevertheless, if a person presents an appropriate price upon winning 40,173 square meters of land in the F in Jeju-si, the Defendants sold all the bided land, or promised to divide the land and sell the divided land to the public. However, prior to dividing the land or selling the divided land, the Defendants conspired in order to process the ownership transfer registration in the name of joint business operators in the name of title trust prior to selling the divided land.

On March 19, 2009, the F-owned land was awarded at a voluntary auction, and the F-owned land was divided into H, etc. according to the division contract of the jointly owned property to provide convenience in selling after completing the registration of co-ownership in the name of seven joint business operators, including the Defendants, and completed the transfer of ownership in the name of Defendant A and I, a joint business operator.

Afterwards, H divided into five lots, such as J, K, L, M, N, and G entered into a false sales contract at the P Licensed Real Estate Agent Office located in the Jeju P Licensed Real Estate Agent Office located in his/her O on June 1, 2009 as if the title trustee was purchased by Q, Defendant B, Defendant C, and Defendant D, who is not the actual purchaser, and entered into a false sales contract on September 28, 2009 as if his/her motherR was purchased at the same place.

G on June 5, 2009, through a certified judicial scrivener with whom he was aware of the above sales contract, G completed the registration of ownership transfer in the above name of Q2, Defendant B, Defendant C, and Defendant D, based on the sale of the above four parcels of land (J, L, M, and S) at the Jeju District Court.

Accordingly, the Defendants registered the real right to the said real estate in their own name as the title trustee according to the title trust agreement.

Summary of Evidence

1. Defendants’ respective legal statements

1. G. G.

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