중간생략등기형 명의신탁과 수탁자의 형사책임 - 대법원 2016. 5. 19. 선고 2014도6992전원합의체판결 - Middle-Title-Omitted Registration Title Trust and Criminal Liability of Title Trustee - Supreme Court en banc Decision 2014Do6992 Decided May 19, 2016 -
This study examines the supreme court en banc decision 2014Do6992 decided May 19, 2016. The court ruled that the title trustee in the middle-title-omitted registration title trust case shall not be punished for the random disposal of the trusted real estate by embezzlement to the title truster, dismissing the judgments of the appeal court and the first court.Title trust of real estate had been legal and effective by judicial precedents until Act on the registration of real estate under actual title holder's name (below abbreviated as ‘Actual name law’) was enacted and enforced on July 1, 1995. Though article 4 section 1, 2 of Actual name law provide any title trust agreement and the transference of ownership by a registration shall be null and void, the above invalidity shall not be effective in respect of any third person under section 3 of this article. The ownership of real estate belongs to the original proprietor from the beginning, but the sales contract is still valid.
This study examines the supreme court en banc decision 2014Do6992 decided May 19, 2016. The court ruled that the title trustee in the middle-title-omitted registration title trust case shall not be punished for the random disposal of the trusted real estate by embezzlement to the title truster, dismissing the judgments of the appeal court and the first court.Title trust of real estate had been legal and effective by judicial precedents until Act on the registration of real estate under actual title holder's name (below abbreviated as ‘Actual name law’) was enacted and enforced on July 1, 1995. Though article 4 section 1, 2 of Actual name law provide any title trust agreement and the transference of ownership by a registration shall be null and void, the above invalidity shall not be effective in respect of any third person under section 3 of this article. The ownership of real estate belongs to the original proprietor from the beginning, but the sales contract is still valid.
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