(영문) 대전고등법원 2013.10.30 2013노356 | 리걸엔진

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(영문) 대전고등법원 2013.10.30 2013노356

부동산소유권이전등기등에관한특별조치법위반

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The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. E, the original owner of the land indicated in the facts charged in the grounds for appeal (hereinafter “instant land”), was paid in lieu of the Defendant’s loan debt of KRW 4.50,00 to M, the Defendant’s attachment, and the Defendant purchased the instant land from 4.50,000 won by paying KRW 4.5 million around 1970.

As such, the Defendant paid the tax imposed on the land above for not less than 10 years as a legitimate purchaser of the land of this case, so even if the Defendant obtained a written confirmation stating that “the land of this case was purchased from E on September 15, 1975,” and completed the preservation of ownership in the future, it cannot be deemed that there is a concern that there may be harm the interested parties related to the land of this case as a registration consistent with the substantive relations, and further, the Defendant did not actively state the fact that the form of the instant guarantee was written in the same word, and thus, it cannot be deemed as a false guarantee.

Therefore, it cannot be deemed that the Defendant’s submission of the instant guarantee and issuance of a written confirmation constitutes “an issuance of a written confirmation by false means” under Article 13(1)1 of the Act on Special Measures.

2. Determination on the grounds for appeal

A. At the time of the summary of the facts charged, New Black-dong C, and D forest land 744 square meters (hereinafter “instant land”) were owned by the original network E (Death on March 6, 1923) and, after the death of the owner, he was well aware that the Defendant was not entitled to inherit the instant land by entering the network F, the network G, which is one of the children of the above F, and H and I, who are the births of the Dong in succession due to the death of the above G, and that the Defendant was not aware that the instant land was not inherited by entering the network E.

However, the Defendant did not properly manage the instant land.

유사 판례

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-대법원 1987. 2. 10. 선고 86도2323 판결

-대법원 1989. 12. 22. 선고 89도341 판결

-광주지방법원 순천지원 2014.05.15 2014고합43