The intention of making the land category on the land cadastre coincide with that on the register, which does not meet the actual conditions of the land;

Even if land category has been changed to a land category, the case holding that illegality is dismissed as it was conducted in the course of a series of administrative affairs according to a replotting disposition conducted as part of a land readjustment project.

In order to request the registration of replotting due to the completion of the land-building rearrangement work, if the land category on the land in this case is inevitably changed to the answer such as the land category on the register even though it does not correspond to the actual land category, it cannot be deemed as the legitimate execution of the public official's affairs conducted in the process of performing a series of affairs conducted by the land-building rearrangement project as part of the land-building rearrangement project.

Article 227 of the Criminal Act

Defendant

Prosecutor

Gwangju District Court Decision 69No274 delivered on December 18, 1969

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

However, according to the reasoning of the original judgment, Gwangju City decided to issue replotting to the land of this case under the conclusion that Article 9 of the Enforcement Rule of the Partitioning Act, which provides that "No replotting or liquidation money shall be paid to private land which is commonly used or formed, including the land in Gwangju City, shall be issued for the land in violation of the Act, and the previous Do branch shall apply for the designation of replotting to the land of this case with the approval of the Do governor, and the previous Do branch shall also issue an application for the designation of replotting, and the previous Do branch shall execute the designation of replotting with the approval of the Do governor, and the previous Do branch shall execute the designation of replotting, and the previous Do rearrangement work completed and completed the land rearrangement project and completed the project so as to commission the registration of replotting, even if it does not fit the land category on the register and the land cadastre, the land category on the land of this case is inevitably changed to the land category on the register, and the land category on the land of this case cannot be deemed unlawful as a result of the alteration of the land category and the land category.

There is no error of misunderstanding the law in the original judgment, and the argument is groundless.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices of the Supreme Court (Presiding Judge) Kim Young-chul Kim Young-ho (Presiding Judge)