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(영문) 창원지방법원 2020.11.30 2020고정630
부동산실권리자명의등기에관한법률위반
Text

Defendant

A A A shall be punished by a fine of KRW 3 million, by a fine of KRW 2 million, and Defendant B shall be punished by a fine of KRW 3 million.

Reasons

Punishment of the crime

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

Around April 2016, the Defendant received a request from Da to the effect that “A factory site is developed and sold in lots, but, if he/she intends to obtain permission in a lump sum, he/she would obtain separate permission and lend his/her registration name and lend his/her name.”

Accordingly, the Defendant: (a) delivered documents necessary for the completion of the registration to D; (b) registered the transfer of ownership in the name of the Defendant, as described in No. 1 or No. 17, at the Changwon District Court Branch Office located in Haan-gun, Chungcheongnam-do; (c) registered the transfer of ownership in the name of the Defendant for “Seoul Haan-gun,” and (d) completed the registration of transfer of ownership in the name of the Defendant, as described in No. 1 or No. 17 in the separate crime list.

Accordingly, the Defendant completed the registration of ownership transfer under the name of the title trustee.

2. No real right to real estate shall be registered under the name of the title trustee pursuant to the title trust agreement;

The Defendant: (a) upon receipt of a request from pro-Japanese to lend the name of the registration from pro-Japanese to D or B; (b) on May 12, 2016, D completed the registration of ownership transfer under the name of the Defendant at the Changwon District Court Branch of the Changwon District Court located in the Haan-gun, Chungcheongnam-gun, Chungcheongnam-do; (c) on May 12, 2016, the registration of ownership transfer was completed under the name of the Defendant with respect to “Seoul Haan-gunF” as stated in the separate crime list Nos. 6 through 15, 18 through 20, and 29 through 32.

Accordingly, the Defendant completed the registration of ownership transfer under the name of the title trustee.

3. No person who Defendant B shall register any real right to real estate under the name of the title trustee according to the title trust agreement;

The defendant permits land from D.

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