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(영문) 부산지방법원 2016.07.13 2015고정4240
부동산실권리자명의등기에관한법률위반
Text

Defendant

A A shall be punished by a fine of 5,000,000 won, Defendant B shall be punished by a fine of 3,000,000 won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. No person who is a defendant shall register any real right to real estate in the name of the trustee under the name of the trustee pursuant to the trust agreement;

Nevertheless, the Defendant acquired F apartment house 108 2001,000,000 from E for the purpose of collecting the claim amounting to KRW 400 million against the tax accountant E and requested B to register the transfer of ownership under the name of F apartment house 108 2001, and completed the registration of the transfer of ownership in the name of F apartment house 2 under the name of F. B on November 6, 2014.

2. No person who is the defendant B shall register any real right to real estate in the name of the trustee under the name of the trust agreement;

Nevertheless, as in paragraph (1), the Defendant entered into a trust agreement with A and F apartment 108 dong 2001 on the registration of transfer of ownership, and registered the transfer of ownership in the name of the Defendant on November 6, 2014 with respect to the real estate in the name of the owner in the Geum-gu Busan District Court's registration office located in Geumcheon-ro 247, Geumcheon-gu, Busan District Court.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of witness E and G;

1. A copy of the real estate transaction contract, a copy of the deposit receipt, a copy of the real estate register, a copy of the passbook, a financial transaction confirmation document, a copy of the passbook of foreign exchange bank, and the judgment [the defendants and the defense counsel claim that the defendant B is a true purchaser, and that

However, according to the evidence mentioned above, ① apartment as stated in the facts constituting the crime (hereinafter “ apartment of this case”) is subject to the registration of ownership transfer for the purpose of collecting the claim against Defendant A. ② In the investigation agency and this court consistently stated, “Defendant A shall transfer the name of the apartment in his bad credit condition to Defendant B, thereby doing so.” ③ The apartment of this case is around November 18, 2014.

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