금지되는 명의신탁 부동산의 처분행위와 관련한 형사책임

• 영문명: Disposition of Limited Name Trust Real Estate Related Criminal Liability
• 발행기관: 원광대학교 법학연구소
• 저자명: 윤상민(Yoon, Sang-Min)
• 간행물 정보: 『원광법학』제23권 제1호, 183~200쪽, 전체 18쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.06.30

영문 초록

Real estate name trust is limited by 'Act on The Registration Of Real Estate Under Actual Titleholder’s Name' except for real estate on title registration under a third party"s name. If someone do the limited real estate name trust, it will be punished by 'Act on The Registration Of Real Estate Under Actual Titleholder’s Name'. Nevertheless, if a bailee sell name trust real estate, there is a problem to punish them by embezzlement and breach of trust. The Supreme Court' leading case and majority' opinion are it is possible. But real estate name trust is illegality. Accordingly, embezzlement is not a custodian. And it is not admitted as a business conductor. The purpose of 'Act on The Registration Of Real Estate Under Actual Titleholder’s Name' is to contribute to the sound development of the national economy through the prevention of antisocial actions, such as speculation, evasion of taxes and acts circumventing laws, etc. which abuse the real estate registration system and to strive to normalize real estate transactions and stabilize real estate prices by having any ownership and other real rights to the real estate registered under the names of those having the actual rights so as to conform to the substantial relation of rights. To get these goal, Criminal punishment about bailee is wrong to protect truster. So, it can be punished by embezzlement and breach of trust.

목차

Ⅰ. 서론

Ⅱ. 2자간 명의신탁

Ⅲ. 3자간 명의신탁

Ⅳ. 계약명의신탁

Ⅴ. 전체적 검토 및 결론

참고문헌

Abstract

키워드

명의신탁 횡령죄 배임죄 신탁자 수탁자 real estate name trust embezzlement breach of trust truster trustee