Whether the heir of the transferee of unregistered real estate has recognized the falsity under Article 13 (1) of the Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate where the registration of transfer of ownership is made by attaching a certificate of guarantee

Article 10 of the Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate ("the person who has actually acquired unregistered real estate" includes not only the transferee itself but also his heir. Thus, even if the defendant directly purchased the land of this case from the non-indicted confirmed as the owner on the land cadastre in order to register under the Act on Special Measures for the Registration of Ownership Transfer, etc., as if the defendant purchased the land of this case after the release from the deceased father, the fact that the defendant directly purchased it from the non-indicted confirmed as the owner on the land cadastre in order to register under the Act on Special Measures for the Registration of Ownership Transfer, etc., and the fact that the date of the purchase is inappropriate is objectively false, in light of the fact that the letter of guarantee based on the above written guarantee and written confirmation in the form of supplementing the blank letter, it cannot be deemed that the defendant had awareness of the falsity as provided in Article 13 (1)

Articles 1, 6(1), 10(1), and 13(1)1 of the Act on Special Measures for the Registration, etc. of Ownership of Real Estate; Article 186 of the Civil Act

Defendant

Prosecutor

Daegu High Court Decision 83No1025 delivered on April 6, 1984

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

Article 10 of the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter referred to as the "Special Measures for the Registration, etc. of Ownership" provides that "the person who actually takes over the unregistered real estate from the owner on the registry" shall be included in the transferee himself/herself and his/her heir in full view of the provisions of Articles 6 (1) and 1 of the latter part of the same Article and the purport of the same Article. The court below affirmed the decision of the court below that the defendant purchased the land of this case from the owner of land in order to register the land in accordance with the above special provisions on the ground that the defendant purchased the land in this case from the owner of land in order to register the land in accordance with the above special provisions after removing his/her father's non-indicted from his/her father's non-indicted, the registration of ownership transfer in accordance with the special provisions procedure as if the defendant purchased it directly from the export confirmed as the owner on the land in order to register the land in accordance with the above special provisions on the date in its decision, even if the purchase date is objectively written in the confirmation and written confirmation by the defendant's.

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

Justices Kang Young-young (Presiding Justice)