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(영문) 수원지방법원 여주지원 2014.01.27 2013고정443
부동산실권리자명의등기에관한법률위반
Text

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

The defendant is the representative director of C corporation.

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

Nevertheless, the Defendant was unable to register the real estate purchased in the said company’s name with the funds of the said company. On May 2007, the Defendant obtained F’s consent by stating that “F will take 10% of the profits accrued after the completion of the said three-year registration and holding of the building in the said zone for three years at the office of Gangnam-gu Seoul E-gu, Seoul.”

On June 10, 2008, the Defendant, at the H Licensed Real Estate Agent Office located in Yongsan-gu Seoul Metropolitan Government, purchased the first floor No. 102 of Yongsan-gu Seoul Metropolitan Government I (hereinafter “instant building”) from the former owner J to KRW 300 million with the funds of the Co., Ltd., and prepared a real estate sales contract stating that the purchaser shall be “F and one other”. On August 7, 2008, the Defendant completed the registration of ownership by designating the owner of the instant building as the father K of the said F at the Yongsan-gu Seoul Western District Court registry located in Yongsan-gu Seoul Metropolitan Government.

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

Summary of Evidence

1. Each legal statement of witness F, K, and L;

1. A certified real estate register;

1. A certified copy of the notice of title trust real estate, as a result of the tax investigation;

1. Judgment on the Defendant’s assertion in the Supplementary Protocol (C)

1. The alleged defendant only acted as a broker by K to borrow the purchase price from M and N, and there is no fact of title trust with F or K.

2. The following circumstances, namely, F or K did not have the ability to pay KRW 300 million for the purchase price of the building of this case, and the Defendant received an investment from M or N, and received the purchase price for the real estate of this case from such investment.

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