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(영문) 서울남부지방법원 2013.06.13 2013고정1021
부동산실권리자명의등기에관한법률위반
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Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

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

1. On March 201, 201, the Defendant, in the name of title trust B, purchased from G the “Seoul Yangcheon-gu E, 2, No. 501, 501, 501,” from the D office in the operation of the Defendant in Seocho-gu, Sincheon-gu, Sincheon-gu, Seoul, and its employees, who were given consent from B to be entrusted with the name.

After that, on April 4, 2011, the Defendant completed the registration of ownership transfer from G to B on the ground of “sale on March 28, 2011.” Accordingly, the Defendant registered the real right to real estate in the name of a title trustee pursuant to the title trust agreement. On July 2, 2011, the Defendant, in the name of H, purchased the “No. 101 on July 25, 201, Yongsan-gu I apartment No. 103, 101” from J in the name of his/her employee H in the name of his/her name, “No. 101 on July 25, 201.” After obtaining consent from H, the Defendant completed the registration of ownership transfer in the name of H on the grounds of “sale on July 25, 2011.”

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

Summary of Evidence

1. Fourth prosecutor's protocol of interrogation of the accused;

1. A suspect interrogation protocol concerning B by the prosecution;

1. The application of Acts and subordinate statutes to each investigation report (report accompanying registration-related documents);

1. Relevant Article 7 (1) 1 and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder's Name, and Selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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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