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(영문) 수원지방법원 2017.11.08 2017고정1603
부동산실권리자명의등기에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

No one shall register any real right to real estate in the name of a trustee under the title of the trust agreement.

1. On January 30, 2013, Defendant A filed a registration of transfer of ownership under the name of Defendant A, a trustee of the title of the real estate, in accordance with the trust agreement in the name of B, even though the person having the actual right of KRW 7,659,00,00,00 in Suwon District Court, which was located in Gyeyang-gu, Yangyang-gun, Gyeonggi-do, Yangyang-si, Yangyang-si, Yangyang-si, the Defendant, in the indictment for equality, and the Defendant transferred the ownership of the said real estate under the name of the trustee of the title of B, as recorded in the list of crimes in the attached Form.

2. On April 17, 2014, the Defendant: (a) filed a suit for equal prosecution with the Suwon District Court in Yangyang-gun, Yangyang-gun, Gyeonggi-do, on the same day; and (b) 21,025 square meters in two lots, such as 12,298 square meters in forest land and 8,7274 square meters in G forest; (c) but (d) pursuant to the trust agreement with E, the Defendant, a trustee, transferred the ownership of 10,512.5 square meters in the name of the Defendant under the name of the trustee, in accordance with the trust agreement with E.

Summary of Evidence

1. The Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants and E by the prosecution;

1. Investigation report (the suspect, the submission of a contract for the purchase and sale of real estate), investigation report (the use of funds), investigation report (the details of land and buildings related to the violation of the Act on the Registration of Real Estate Holders), and report on the investigation;

1. Application of Acts and subordinate statutes governing each certificate for registration;

1. Relevant Articles 7(2) and 3(1) of the former Act on the Registration of Real Estate under the name of the actual right holder (Amended by Act No. 13713, Jan. 6, 2016);

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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