(1) The court below determined that the non-party 1, who was a public official who supported the non-party 2, intentionally bound the non-party 2 to the process of the administrative affairs of the defendant's own family register, by intentionally filing the registration of invalidity of the real estate of this case with the non-party 2, who used the non-party 2, purchased the above real estate in 89,00,000 won from the non-party 2 who purchased the above real estate from the non-party 2, but due to the cancellation of the registration of ownership transfer of the plaintiff's name, the non-party 2 believed the registration of inheritance of the above real estate to be valid and sustained damages equivalent to the above purchase price, and therefore, the defendant is liable to compensate the plaintiff for damages caused by the plaintiff's intentional tort caused by the non-party 2's official duties.

(2) According to the Family Register Act, the head of Si/Eup/Myeon shall take charge of the affairs of the family register (Article 2), and the head of the family court who is ordered by the head of Si/Eup/Myeon or the head of the family court to supervise the affairs of the family register (Article 4). According to the former Family Register Act (amended by Act No. 4298 of Dec. 31, 1990), the fees and fines for negligence paid pursuant to the provisions of the Family Register Act shall be the revenue of Seoul Special Metropolitan City, Metropolitan City, Si, Eup, Myeon (Article 6(1)), Si, Eup, and Myeon (Article 7). Article 9(1) of the Local Autonomy Act provides that local governments shall carry out the affairs of the local government under their jurisdiction and the affairs of the local government according to the laws and regulations, and Article 9(2) provides that local governments shall carry out the affairs of the local government under their jurisdiction, and if local government shall carry out the affairs of the local government under the proviso of the Local Autonomy Act, it shall not be referred to the local government Act.

However, according to the records, the defendant's statement on the family register was made to the effect that the affairs related to the family register are the delegated affairs of the agency, but the above defendant's statement does not constitute the contents of the law or the interpretation of the law.

Nevertheless, the court below's interpretation of the work on the family register as the agency's delegated affairs and recognized the defendant's liability under the State Compensation Act shall not be deemed to have committed an unlawful act which affected the conclusion of the judgment by misunderstanding the legal principles of the Family Register Act, the Local Autonomy Act and the State Compensation Act

(3) Therefore, without examining the remaining grounds of appeal, we reverse the judgment below and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Don-hee (Presiding Justice)