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(영문) 대법원 1983. 8. 23. 선고 82도3137 판결

[부동산소유권이전등기등에관한특별조치법위반][집31(4)형,74;공1983.10.15.(714),1446]

Main Issues

"Method of the above" under Article 13 (1) 1 of the Act on Special Measures for the Registration, etc. of Ownership Transfer, etc., which has been received differently from the cause of acquisition.

Summary of Judgment

(A) In the event that the registration of ownership transfer is made with a written confirmation purchased from (B) even though the indication on the registry of the snow company complies with the substantive relationship, the crime provided for in Article 13(1)1 of the Act on Special Measures for the Registration, etc. of Real Estate Ownership is established.

[Reference Provisions]

Article 13 (1) 1 of the Act on Special Measures for Transfer, etc. of Ownership of Real Estate

Reference Cases

Supreme Court Decision 71Do1844 Decided November 30, 1970

Escopics

Defendant

upper and high-ranking persons

Defendant

Judgment of the lower court

Seoul High Court Decision 82No1212 delivered on October 29, 1982

Text

The appeal is dismissed.

Reasons

Article 13(1)1 of the Act on Special Measures

According to the reasoning of the judgment of the court below, the court below held that although the defendant acquired the registration title of the land of this case from the defendant Kim Jong-ho who was the original owner of the land of this case in exchange with the land of this case, the registration title of the land of this case was issued and registered by the defendant in accordance with the procedure stipulated in the Act on Special Measures for the Transfer of Real Estate Ownership, etc. (Act No. 3094 of Dec. 31, 197, Act No. 3094 of the Act on Special Measures for the Transfer of Real Estate Ownership in order to transfer the name of the land of this case to the defendant in the future, the defendant's above so-called constitutes a case where the defendant was issued a written confirmation by false means as provided in Article 13 (1) 1 of the Act on Special Measures for the Transfer of Real Estate Rights. The court below's decision is just in examining the above dispositions of this case through the records, even if the indication of the registration title of this case complies with the substantive relation, there is no complaint for the establishment of crimes as provided in Article 13 (see Supreme Court Decision).

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Jong-young (Presiding Justice)

심급 사건
-서울고등법원 1982.10.29선고 82노1212
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