logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2019.07.18 2019고정184
부동산실권리자명의등기에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the owner of a building outside Gangseo-gu Busan and one parcel of land, who sells the right of relocation and construction generated from the building.

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

Nevertheless, the defendant, who is the owner of the actual building, sold the right of relocation to C, and agreed to register the preservation of ownership of the completed building after obtaining a new building permit under the name of the owner of the building in accordance with the contract of transfer and construction.

On March 5, 2014, according to the above agreement, the Defendant made a registration of preservation of ownership in his/her name for a single unit of detached house with the total floor area of 52.5 square meters located in Gangseo-gu Busan Metropolitan Government D (E) which was newly constructed by the aforesaid C at the Gangseo-gu Busan Metropolitan Government Office of Registry of Gangseo-gu, Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of the police officer;

1. Details of changes in the current status of permission for relocation and ownership;

1. Application of Acts and subordinate statutes to copies of documents requiring permission for transfer, and full certificates of registered matters;

1. Article 7 (2) and Article 3 (1) of the Act on the Registration of Real Estate under Actual Titleholder's Name, which is applicable to the facts constituting an offense 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;

arrow