Earticle

초록

영어

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
  1. 문제의 소재
  2. 횡령죄 성립여부
  3. 사기죄 성립여부
 Ⅲ. 3자간 명의신탁
  1. 문제의 소재
  2. 횡령죄의 성립여부
 Ⅳ. 계약명의신탁
  1. 문제의 소재
  2. 매도인이 악의인 경우
  3. 매도인이 선의인 경우
 Ⅴ. 전체적 검토 및 결론
  1. 전체적 검토
  2. 결론
 참고문헌
 

키워드

저자

• 윤상민 [ Yoon, Sang-Min | 원광대 법과대학 전임강사, 법학박사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340