Crimes of acquisition of ownership by intermediate omission and false entry in the authentic copy of a notarial deed without the consent of the parties concerned.

In the registration of ownership transfer for building ownership duly acquired, the registration of ownership transfer for the ownership transfer for the defendant's future omission without the consent of the parties concerned shall not constitute the crime of false entry in the authentic copy of the authentic deed.

Article 228 of the Criminal Act

Defendant

Seoul Criminal District Court Decision 66No1452 delivered on November 3, 1966, the Seoul Criminal District Court Decision 66No1452 delivered on November 3, 1966

The judgment below is reversed;

The case shall be remanded to the Panel Division of the Seoul Criminal Court.

We examine part of the Defendant’s grounds of appeal.

The lower court recognized the following facts. In other words, if the building above is the property devolving upon the Republic of Korea in 1952, Non-Indicted 2 Co., Ltd., which is at issue in this case, and the building purchased from the Republic of Korea in 1953, and this Non-Indicted 2 Co., Ltd. sold in order to the Defendant in the order of July 26, 1957. However, since the above real estate is not yet passed through the transfer registration of ownership from the Republic of Korea to the purchaser of the Republic of Korea, the lower court did not err by misapprehending the legal doctrine on the sale contract in the name of Non-Indicted 1 (the purport of directly selling the above building to the Defendant), and using the seal of Non-Indicted 1, which was so-called “non-Indicted 1” as evidence, and thus, it cannot be seen that the non-Indicted 1’s ownership transfer registration, which is an intermediate title, was not a valid one by the judgment of the lower court, without the consent of the Defendant, even if it was not consistent with the above non-Indicted 1’s ownership registration.

This decision is consistent with the opinions of the involved judges.

The judge of the Supreme Court is Hong Dong-dong (Presiding Judge) and Dong-dong (Presiding Justice)