The validity of the case where the registration of ownership transfer under the Act on Special Measures for the Registration, etc. of Forest Ownership is made by a false written confirmation (negative)

Where the registration of ownership transfer under the Act on Special Measures for the Registration, etc. of Forest Ownership is made by a false letter of guarantee or a written confirmation, etc., the registration shall be deemed null and void. The false letter of guarantee or written confirmation shall be sufficient to the effect that the contents thereof are not true, and it shall not be limited to the case where there are grounds such as forgery, alteration, or denial of the authenticity

Article 186 of the Civil Act and Article 5 of the Act on Special Measures for the Transfer, etc. of Forest Ownership (Abolition)

Plaintiff

Defendant 1 and 3 Defendants, Attorneys Lee Jae-nam, Counsel for the defendant-appellant-appellant

Jeonju District Court Decision 80Na11 delivered on December 11, 1980

The appeal is dismissed.

The costs of appeal shall be borne by the defendant, etc.

The grounds of appeal are examined.

According to the reasoning of the judgment below, the court below determined as follows: (a) as 2nd half of the 2nd half of the 1920 forest land, the mountain land in question was registered in the name of 3, including the deceased, 1, 2, and 3 at the time when the forest land was registered in the name of 2nd half of the 1920 forest land; and (b) as 6473, the registration of preservation of ownership of the above 3 forest land was completed in the name of 6473, Jeonju District Court Support 1926. The above 1 borrowed money as security around 1926 and did not complete the registration of transfer of ownership; (c) the above 2nd part of the 3rd forest land was registered in the name of 1926 forest land without the ownership transfer; and (d) the above 1nd part of the 3rd 2nd 3rd 1 to the 1st 20th 1st 26th 1928.

On the other hand, since the ownership transfer registration under the Act on Special Measures for the Registration, etc. of Ownership of Forest Land does not differ from that of the non-party 1 in general procedure with respect to the validity of the ownership transfer registration, it shall be deemed that the cause of the registration is invalid if the registration was not lawfully made under the Act on Special Measures for the Registration, etc. of Ownership of Forest Land or by other circumstances, or if the registration was made under the name of the non-party 3, although the non-party 2, the non-party 3 did not have any reason to deny forgery, alteration, or other document's authenticity, it shall be sufficient to say that the registration is not made lawfully by the Act on Special Measures for the Registration, etc. of Ownership of Forest Land, and that the non-party 4 and the non-party 1 were not the sole owner of the non-party 3 and the non-party 2 were the non-party 1 and the non-party 4 were the non-party 1 and the non-party 2 were the non-party 1 and the non-party 1 and the non-party 3 evidence evidence evidence No.

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition.

Justices Lee Il-young (Presiding Justice)