부동산소유권이전등기등에관한특별조치법위반등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal by the defendant;
A. misunderstanding of facts or misunderstanding of legal principles: (a) H, the Defendant’s wife, purchased 50 square meters of C’s site C from the same M in around 1970, with the name of the Defendant, but at the time of gambling, there is a concern that the Defendant, who was in the name of the Defendant, might spawn at the time, might spawn; (b) registered under the name of the Defendant’s living together with the Defendant pursuant to the Act on Special Measures for Tax Affairs (hereinafter “registration of this case”); (c) the Defendant was issued a written confirmation with H and completed the registration of this case; (d) the Defendant was issued with H after hearing the aforementioned process of purchase and completing the registration of this case; and (e) the Defendant cannot be deemed to have obtained a written confirmation by false means using a false certification; and (e) the Defendant did not
(2) The same shall not apply even if so.
Even if the defendant possessed the land of this case for a period of 40 years, since the acquisition by prescription has been completed by occupying it in peace and openly with the intention of ownership, the ownership of the land of this case cannot be punished against the defendant.
B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts or misapprehension of legal doctrine, the following circumstances are recognized.
① The amount of 1,954 square meters, which included the instant site before subdivision, was registered as D’s purchase on April 11, 1972 by N, a registered titleholder. The relevant registration right certificate was kept by D, other than the Defendant or H.
② On March 15, 1985, the above land was divided into three square meters: C 1,864 square meters and O 90 square meters. Of these, C 1,864 square meters were subdivided into the instant site and P 1,314 square meters on July 31, 1995. There was no change in the name of M in which the Defendant and P 1,314 square meters were the same.
3. J and I, the defendant's birth.