2011年2月25日金曜日

差し押さえ逃れで仮登記=「指導」の弁護士、懲戒処分?鹿児島

 金融機関の仮差し押さえを免れるため、実態の伴わない不動産の所有権移転仮登記をさせたなどとして、鹿児島県弁護士会は23日、同会所属の窪田雅信弁護士(60)を業務停止3カ月の懲戒処分にしたと発表した。
 同弁護士会などによると、窪田弁護士は鹿児島市内のビル管理会社から、関連会社が倒産した関係で売却予定のビルや土地が金融機関に仮差し押さ
えされる可能性があると相談を受けた際、所有権を第三者に移転させる方法があると教示。契約書を作成した上、司法書士に指示し、2008年8月に実態の伴わない所有権移転仮登記をさせたとされる。
 窪田弁護士は「仕事として相談を受けたわけではなく、金ももらっていない」などとして同日、日弁連に異議申し立てをした。
 同弁護士会は、公正証書原本
不実記載、同行使の教唆容疑での告発も検討するという。
 森雅美鹿児島県弁護士会会長の話 会として、弁護士倫理の研修などに取り組んでいきたい。 

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引用元:三國志 専門サイト

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