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(영문) 인천지방법원 2019.10.28 2019고단4782
부동산실권리자명의등기에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 5 million, Defendant B, and C, respectively, by a fine of KRW 1 million.

The Defendants respectively.

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. Defendant A purchased various lots of land in Dongjak-gu Seoul Metropolitan Government to carry out a construction project by purchasing a lot of land in order to borrow and sell a lab, and the Defendant was willing to conclude that the owners are several persons in order to easily obtain a building permit and a loan for construction funds.

On September 2016, the Defendant requested another Defendant B to the effect that “after purchasing a site for loan and transferring ownership under the name of the Party, the construction is permitted, loaned, etc., and the real estate is scheduled to be sold in lots.” The other Defendant B consented thereto and issued a seal imprint, a certificate of personal seal impression, a resident registration, etc. to the Defendant in order to register the ownership of the real estate purchased under his/her name.

On September 2016, the Defendant continued to request another Defendant C to the same purport at an unsound place. The other Defendant C consented to the request and delivered a seal imprint, a certificate of personal seal impression, a certified copy or abstract of resident registration, etc. to complete the registration of ownership transfer in his/her name.

The Defendant, at the registry office of the Seoul Central District Court located in Seocho-gu on October 28, 2016, completed the registration of transfer of ownership in the name of another Defendant B, which is based on sale and purchase of the area of 143 square meters, and completed the registration of transfer of ownership in the name of another Defendant C, which is based on sale and purchase, and completed the registration of transfer of ownership in the name of another Defendant B and C, as shown in the attached list of crimes.

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

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