Whether a false issuance of a certificate, etc. is issued where a successor to a person who has purchased a part of land and has damaged a share transfer registration has obtained a confirmation, etc. under the Act on Special Measures for the Registration, etc. of Real Estate Ownership as a result of the division of the specific part thereafter.

Where an ancestor purchases a part of a parcel of land by specifying it, and the registration has been made for the transfer of co-ownership in a relationship in which it was impossible for the ancestor to conduct the registration of transfer of ownership by dividing the specific purchase part, even if the heir has obtained a written guarantee and a written confirmation under the Act on Special Measures for the Transfer of Ownership, etc. of Real Estate by designating any date before December 31, 1974, which is the object of the Act on Special Measures for the Transfer of Ownership, etc., and indicating it as the date of sale and obtaining it as the date of sale, it cannot be said that the certificate

Article 13(1) of the Act on Special Measures for the Registration, etc. of Ownership Transfer

[Plaintiff-Appellant] Plaintiff 1 and 1177 decided July 24, 1984 (Gong737, 1517) (Gong737), 84Do81 decided September 11, 1984 (Gong79, 1670)

Defendant

The defendant shall be innocent.

The summary of the facts charged of this case is that the defendant purchased the above land from the non-indicted 1 and the non-indicted 2's father of the non-indicted 1 and the non-indicted 2 were the non-indicted 1 and the non-indicted 2 acquired the ownership transfer registration of the above land on November 10, 198, and the above non-indicted 2 died on the non-indicted 68 square meters (number omitted) and completed the ownership transfer registration of the above land on the non-indicted 1 and the non-indicted 4,5 and 6, the non-indicted 2, the non-indicted 1 and the non-indicted 2, the non-indicted 2, the non-indicted 2, the non-indicted 2, the non-indicted 1 and the non-indicted 3, the non-indicted 2, the non-indicted 1 and the non-indicted 3, the non-indicted 4, the non-indicted 5, the non-indicted 9, the non-indicted 2, the non-indicted 1 and the non-indicted 1, the non-indicted 2, the non-indicted 9.

Therefore, we will examine whether the defendant has received a written confirmation by false means.

The defendant's statement at this court; the interrogation committee of the non-indicted 8 and the non-indicted 4; the interrogation committee of the non-indicted 6; the statement of the non-indicted 3 as to the non-indicted 1 and the non-indicted 6; the defendant's statement as to the non-indicted 1 and the non-indicted 6; the defendant's statement as to the non-indicted 1 and the non-indicted 2's statement as to the non-indicted 1 and the non-indicted 6; the defendant's statement as to the non-indicted 1 and the non-indicted 6's statement as to the non-indicted 1 and the non-indicted 2's statement as to the non-indicted 1 and the non-indicted 6's statement as to the non-indicted 1 and the non-indicted 2's statement as to the non-indicted 9's land (the non-indicted 1 and the non-indicted 2's statement as to the non-indicted 1 and the non-indicted 9's statement as to the above non-indicted 2.

Under the above facts, the father, non-indicted 1, who was the owner at the time, did not purchase one half of the share of the land before the subdivision from non-indicted 2, who was the owner at the time, but purchased the land at the time before the subdivision by specifying the part of the land before the subdivision. However, the registration shall not be limited to the relation where the specific purchase part cannot be divided and completed the registration of ownership transfer. Thus, the true owner of the land of this case shall be the above non-indicted 1, and the registration of co-ownership of one half of the above non-indicted 2 shall not be limited to the registration of the title trustee.

I think, it cannot be said that the document of guarantee under the Act on the Special Measures for the Registration, etc. of Real Estate Ownership, and the statement of the transferor or transferee in the application for the issuance of a written confirmation includes not only the transferor or transferee, but also his heir. The date of sale also includes the above letter of guarantee with a certain date specified before December 31, 1974, as long as it is a legal act between them, which is subject to the above Act on the Special Measures, and even if it is issued by the application for the issuance of confirmation, it can not be said that the document was issued by false means or the document of false certification was prepared, unless there is any possibility that it would prejudice other interested persons' rights. Accordingly, it cannot be found that the defendant was issued with a false certificate under the former part of the Act on the Special Measures for the Registration, etc. of Real Estate Ownership, since the non-indicted 1, his father, was deceased, and the above non-indicted 1 was issued with respect to the land of this case for which the above special measure was purchased, and it cannot be found that the defendant was issued with false evidence.

It is so decided as per Disposition for the above reasons.

Judges Choi Ki-soo (Presiding Judge) (Presiding Judge) Kim Sal-hee