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(영문) 창원지방법원 2015.02.13 2014고단1777

공전자기록등불실기재등

Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. At the time of the charge, the Defendant, at the time of the charge, tried to complete the registration of transfer of ownership with respect to D’s inheritance shares as if D was donated to his/her father E by using the fact that her mother had no normal capacity to distinguish and judge the dementia, and that she had no capacity to do so with respect to legal relations.

The Defendant entered in the official electronic records, etc., on May 9, 201, in a state of absence of the capacity to make a donation in the office of F Certified Judicial Scriveners G in Kimhae-si, Kimhae-si, the husband of D, but he/she requested G to transfer ownership registration by entrusting the registration of transfer of ownership to his/her father, who is his/her husband, after having been in the state of absence of the capacity to make a donation due to the dementia of D, and he/she entrusted the registration of transfer of ownership registration by entrusting the registration of transfer of ownership registration to E, his/her husband. < Amended by Presidential Decree No. 25048, May 9, 201; Presidential Decree No. 21350, Feb. 21, 2011; Presidential Decree No. 21350, Mar. 31, 2003; Presidential Decree No. 25020, Mar. 12, 2014>

Accordingly, around May 26, 2011, the Changwon District Court of Sungwon-gun located in Chungcheongnam-gun, in order to complete the registration of ownership transfer on the ground of the Defendant’s donation on May 11, 201.

Accordingly, the defendant made a false report to a public official, and made it recorded false facts in the land register which is the same electronic records as the original copy of a notarial deed.

B. Around May 26, 2011, the Defendant, at the above Changwon District Court, had him/her keep and exercise the above land register in which the above fact of mistake was recorded.

2. In order to be found guilty of the facts charged in the instant case against the Defendant, it is recognized that the Defendant’s mother D had no intent to donate the instant inherited real estate to his/her father/he/she had the capacity to perform his/her duties with dementia.