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(영문) 서울서부지방법원 2014.10.22 2014고정1751
부동산실권리자명의등기에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,500,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Although Defendant A was prohibited from registering any real right to real estate under the name of the title trustee pursuant to the title trust agreement, the Defendant had C corporation, which was operated by the Defendant, completed the registration of ownership transfer in the name of 10 units of E-building and 9 units of Nadong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

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

2. Although Defendant B was prohibited from registering any real right to real estate under the name of the title trustee pursuant to the title trust agreement, the Defendant had the real right to real estate registered under the name of the title trustee on November 7, 201 at the Namyang-ju registry located in the Namyang-dong 158-4 at the time of Namyang-dong on November 7, 201, upon request from A to lend the title of the ownership transfer registration to 10 households and 9 households, the Defendant completed the ownership transfer registration under the name of

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

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police statement concerning F;

1. A written statement of the G production;

1. A contract agreement for construction works;

1. Copies of the written agreement;

1. Application of Acts and subordinate statutes governing partial certificates of registered matters;

1. Relevant Articles 7(1)1 and 3(1)2 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (Selection of Fines): Defendant B: Articles 7(2) and 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (Selection of Fines);

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, each of the provisional payment orders;

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