beta
Text
All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sales contract of this case is not forged by mistake of facts or misapprehension of legal principles, or by misunderstanding of legal principles. The Defendant, who received a donation of the above land from E, filed the instant civil lawsuit by legitimate exercise of rights, and submitted the instant sales contract. Thus, there is no intention to commit fraud in the lawsuit. 2) The lower court’s imprisonment with labor (eight months) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the defendant's assertion of mistake of facts or misapprehension of legal principles, the following facts or circumstances can be acknowledged. A.
1) On July 20, 1998, F.M. 3,729 square meters (hereinafter “F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F., and G. G. G. 2,659 square meters (hereinafter “G. G land before subdivision”).
Since then, G land was divided into G-lease 858 square meters on May 4, 2002 (hereinafter “G land”) and I road 66 square meters and J 1,735 square meters (hereinafter “J land”).
B) On March 14, 1985, the victim C completed the registration of ownership transfer on F’s land prior to partition as a result of an inheritance by agreement and division under Article 4152, and completed the registration of ownership transfer, which was owned by the victim C. In around the end of 1994, the victim C newly constructed a block structure 180 square meters in a single-story roof factory, a block structure 144 square meters in a single-story roof factory, and a 36 square meters in a multi-story office of a block structure, a block structure strawle roof roof, and a 36 square meters in an existing factory building (hereinafter “existing factory building”).
(C) Since the lack of factory facilities while operating a net factory in the existing factory building, K is below the factory building on the part of the G land before division (current J land part) with the consent of the above victim around 1998.