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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal is that the Defendants filed a civil lawsuit claiming the principal registration based on the fact that the provisional registration of the right to claim ownership transfer registration of the instant real estate (hereinafter referred to as “provisional registration of this case”) was null and void, and thus, the lower court acquitted the Defendants of the charges of this case even though the crime of fraud was established. The lower court erred by misapprehending the facts and adversely affecting
2. Determination
A. The relevant legal doctrine fraud is an offense involving acquiring the other party’s property or pecuniary advantage by deceiving a court and obtaining a favorable judgment for himself/herself. The punishment of such fraud inevitably brings about the chilling of the civil trial system that any person may seek favorable benefit to himself/herself and receive remedy through a lawsuit. Therefore, unless the accused has acknowledged a crime, it shall not be readily convicted of the Defendant of his/her assertion in the lawsuit, unless there is a trace that the facts differ from the facts, or that the accused has objectively recognized that his/her assertion in the lawsuit was clearly false or attempted to manipulate the evidence.
In order to establish litigation fraud, it is insufficient to say that there is no claim as alleged at the time of filing the lawsuit, and it is necessary to recognize the court as deceiving the court by making a false assertion with the knowledge of the absence of the claim.
The act of filing a lawsuit with a belief that a person exists a non-existent right due to a mistake in legal evaluation does not constitute fraud (see, e.g., Supreme Court Decision 2018Do1305, Dec. 28, 2018).
B. Determination 1 by the lower court is difficult to readily conclude that the registration of real estate is null and void, barring any special circumstance, based on the circumstances set forth in its reasoning.