In case where a real estate purchaser entered into a lease contract under the name of the former owner before the transfer registration, whether it constitutes a crime of fraud (the former Civil Act relationship)

Since the ownership belongs to the purchaser who does not enter into a special agreement on the reservation of ownership at the same time as a sales contract for real estate is established, even if the purchaser entered into the lease contract under the name of the former owner, it is merely a form of his/her exercise of rights, and thus,

Articles 176 and 177 of the former Civil Act

[Plaintiff, Appellant] 4288 civilian 293 decided March 10, 1956 (Civil Code (former) 177(2) 633, 7385, 4 ①12)

Defendant

Prosecutor and Defendant

Gwangju District Court of the first instance

The main indictment against fraud in this case is dismissed.

The judgment of the court below on the charge of forging private documents and uttering in this case shall be reversed.

The defendant is innocent.

The defendant, who was not guilty of the non-indicted 1 and the non-indicted 2's non-indicted 1 and the non-indicted 2's non-indicted 1 and the non-indicted 2's non-indicted 1 and the non-indicted 3's non-indicted 2's non-indicted 1 and the defendant's non-indicted 2's non-indicted 3's non-indicted 1 and the non-indicted 2's non-indicted 2's non-indicted 1 and the non-indicted 3's non-indicted 2's non-indicted 1 and the non-indicted 3's non-indicted 2's non-indicted 9's non-indicted 1 and the non-indicted 2's non-indicted 3's non-indicted 4's non-indicted 1 and the non-indicted 2's non-indicted 1 and the defendant's non-indicted 2's non-indicted 3's non-indicted 3's non-indicted 1 and the non-indicted 2's non-indicted 1.

Judges Yoon-chul (Presiding Judge) and Kim Dong-dong, and Hongnam