[부동산소유권이전등기등에관한특별조치법위반][공1987.9.15.(808),1431]
Where registration made pursuant to the Act on Special Measures for the Transfer, etc. of Ownership by obtaining a false certificate of guarantee and a written confirmation is valid because it conforms to the substantive relationship, the violation of Article 13 (1) of the said Act
If the Defendants were not to have purchased the land from Gap, but to have purchased the land directly from Eul, and if they had completed the registration of ownership transfer to the Defendants in accordance with the procedures prescribed in the Act on Special Measures for the Registration, etc. of Real Estate Ownership, etc., they were issued a written confirmation as if they were purchased directly from Eul, or prepared a written guarantee as if they were purchased directly from Eul, and then completed the registration of ownership transfer to the Defendants pursuant to the procedures prescribed in the Act on Special Measures for the Registration, etc. of Real Estate Ownership, there is no complaint against the so-called, who was issued the false certificate and executed a false guarantee
Article 13 (1) 1, 3, and 4 of the Act on Special Measures for the Transfer, etc. of Ownership of Real Estate
Supreme Court Decision 82Do3137 delivered on August 23, 1983, Supreme Court Decision 84Do1750 Delivered on March 12, 1985
Defendant 1 and seven others
Defendants
Attorney Kim Hong-san (Defendant 2, 3)
Gwangju High Court Decision 87No101 delivered on April 9, 1987
All appeals are dismissed.
The grounds of appeal are examined.
Although Defendants (excluding Defendants 4 and 5) purchased the land of this case from the non-indicted 1, the original owner of the land of this case without directly purchasing it from the non-indicted 1, the original owner of the land of this case, or obtained a donation from the co-defendant 1, the registration title of this case was purchased or donated by the co-defendant 3,00, in accordance with the procedure prescribed by the Act on Special Measures for the Registration, etc. of Real Estate Ownership Transfer (Act No. 3094, Dec. 31, 197) to move the registration title of the land of this case to their future, if they were issued a letter of confirmation directly purchased from the above gold rupture and submitted to the competent military administration, each so-called "the defendants' above" falls under Article 13 (1) 1, 3, and 4 of the Act on Special Measures for the Registration, etc. of Real Estate Ownership, and even if the ownership of the land of this case complies with the actual relation and the registration itself is valid, there is no complaint for the violation of so-called Special Act (see, 1985).
The judgment of the court below to the same purport is just and it is not erroneous in the misapprehension of legal principles as the theory of lawsuit. All arguments are without merit.
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Man-hee (Presiding Justice)