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(영문) 서울중앙지방법원 2014.08.21 2014고단4949
부동산실권리자명의등기에관한법률위반
Text

Defendant

A Imprisonment with prison labor for six months and for three months, respectively.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 17, 2012, Defendant A purchased from H the E Licensed Real Estate Agent Office located in Busan Dong-gu, Busan, for KRW 1.490 million, the actual owner entered into a title trust agreement to obtain the ownership transfer registration under B’s name even though he was the Defendant, and accordingly, entered into a sales agreement to obtain the buyer’s name. On March 26, 2012, the Defendant completed the ownership transfer registration under B’s name with respect to “GMour” at the Busan District Court Yangsan registry on the grounds of such sale.

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

2. On February 17, 2012, Defendant B purchased from H the E Licensed Real Estate Agent Office located in Busan Dong-gu, Busan, for KRW 1.490 million, the actual owner, even though he/she was a title trust agreement to obtain the ownership transfer registration name, and accordingly, entered into a sales contract with the purchaser as the defendant. On March 26, 2012, the Defendant completed the registration of ownership transfer with respect to “Gmotour” at the Busan District Court Yangsan District Court registry on March 26, 2012.

Accordingly, the defendant registered the real right to real estate in the name of the defendant according to the nominal consignment agreement.

Summary of Evidence

1. Defendants’ respective legal statements

1. A copy of the statement of I;

1. Application of a copy of the real estate register;

1. Relevant Articles 7 (1) 1 and 3 (1) (A) of the Act on the Registration of Real Estate under Actual Titleholder’s Name; Articles 7 (1) 1 and 3 (2) (B) of the Act on the Registration of Real Estate under Actual Titleholder’s Name; and choice of imprisonment with prison labor for the crime;

1. The crime of this case under Article 62 (1) of the Criminal Code of the Suspension of Execution is committed, and the defendants led to the crime of this case in pro-friendly relationship.

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