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(영문) 대구지방법원 포항지원 2015.10.21 2015고정405
부동산실권리자명의등기에관한법률위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 5, 2013, the Defendant agreed to purchase from D, the representative of the coffee hotel in Gangnam-gu, Seoul to purchase the building of 4,784 square meters and the 4th floor of reinforced concrete structure on the land at 2.3 billion won. On the other hand, the Defendant acquired the ownership of each of the above real estate in the name of F, and received the loan in the name of F as collateral and received the loan from each of the above real estate in the name of F.

In the middle of the same month, the Defendant proposed that “F shall be unable to purchase a hotel in the middle of the same month, and shall not be granted a loan with bad credit standing from the Ulsan-do Saemaul Cooperative, Ulsan-do. The credit cooperative would be no superior to the debtor, as the debtor would be able to lend a hotel in the name of the hotel.” On the 18th of the same month with the F’s consent, the Defendant proposed that “I will make the son to work as the president of the hotel in the name of the hotel after obtaining a loan in the name of four if I borrowed the four names, and then, I would make the employee not registered in the name to register the ownership transfer of each of the above real estate from the registration office of the Daegu-gu District Court on the 382-4 of the same month, Daegu-gu, Daegu-dong, Daegu-dong, Daegu-dong, which was made by a certified judicial scrivener on October 17, 2013 in the name of F.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inform a person who violates the Act on the Registration of Real Estate under Actual Titleholder's Name;

1. Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name for the Fact-finding and the Selection of Punishment;

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

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

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