[공정증서원본불실기재,공정증서원본불실기재행사][집19(3)형,061]
Article 13 subparag. 1 and 4 of the Act on Special Measures for the Registration, etc. of Ownership of General Farmland is applicable even if the procedures for registration for the preservation of the clan property are implemented in accordance with the resolution of the clan according to the guarantee and confirmation that the land owned by the clan owned by the title trustee is cultivated by the title trustee.
Article 13 subparag. 1 and 4 of the Act on Special Measures for the Registration, etc. of Ownership of General Farmland is applicable even if the procedures for registration for the preservation of the clan property are implemented in accordance with the resolution of the clan according to the guarantee and confirmation that the land owned by the clan owned by the title trustee is cultivated by the title trustee.
Article 13 subparag. 1, Article 13 subparag. 4, Article 228, and Article 229 of the Criminal Act on Special Measures for the Transfer of General Farmland Ownership;
Defendant
Prosecutor
Seoul Criminal District Court Decision 70No2740 Decided July 8, 1971, the Seoul Criminal District Court Decision 70No2740 decided July 8, 1971
We reverse the original judgment.
The case shall be remanded to the Panel Division of the Seoul Criminal Court.
The appeal by the prosecutor Kim Byung-hee of Seoul District Public Prosecutor's Office is examined.
According to the records and reasoning of the judgment of the court below, the real estate of this case is owned by the non-party 1 clan and is trusted in the name of the deceased non-party 2. The defendant is a member of the above clan, who has occupied and managed the clan for about 30 years, including his belt, and registered the land of the above clan in the clan. Thus, the defendant's wish to preserve the clan property and according to the resolution of the above clan was purchased from the deceased non-party 2 on January 10, 1947 as if he purchased the document from the deceased non-party 2 on January 10, 1947, and the fact that the registration of the preservation of ownership was made in the name of the defendant pursuant to the provisions of the Act on Special Measures for the Registration, etc. of Transfer of Ownership of General Farmland and it cannot be viewed as a false entry in the register which is a authentic document for the reason that this is consistent with
However, if the defendant purchased and cultivated the land of this case from the deceased non-party 2 and two non-party 3 living in Gwangju-gun (the name of the administrative district omitted) that he knew of the reason for the original adjudication at the beginning of 1964 on January 10, 1947, and the defendant obtained a certificate of the same side name and submitted the application for the change of the land registration, if the defendant submitted the registration procedure for the land of this case with the certificate of the same side name issued, the execution of the registration procedure for the land of this case was for the preservation of family property in accordance with the resolution of the clan, and even if you did not know that it falls under subparagraphs 1 and 4 of Article 13 of the Act on Special Measures for the Registration, etc. of Land Ownership, the court below erred by misapprehending the legal principles of the same side name.
The main points are with merit, and the original judgment is reversed, and the case is remanded to the Seoul Criminal Court. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Supreme Court judges (Presiding Judge) Jinwon Jinbabrihn