(a) Registration on the house tax ledger and whether there exists any estimated right;

(b) Where the inheritor of a debtor who has registered the titles of ownership on the house tax ledger under a debt security with the name of the creditor disposes of the same house voluntarily, the sex of embezzlement; and

A. The head of a house household is a document prepared and kept by an administrative agency for the purpose of clarifying the present state of a house by registering the location, type, structure, owner, etc. of a building and for the use of taxation data, etc., and entry in the register is merely for indicating the facts related to a house and not for disclosing the relation of rights to a house as in the register, and it is not for disclosing the relation of rights to a house as in the register, and there is no effect that the other person is registered in the name of another person, or is presumed

B. Even if the obligor registered the name of the owner of a non-registered house in the name of the obligee under the name of the obligee, that alone does not transfer the ownership of the building to the obligee or take effect of the creation of a security right, so the Defendant, who is the wife of the obligor who resides in the above house, cannot be deemed to have a relationship with the possessor of the building owned by him/her and the owner of the building owned by the obligee, and thus, the Defendant’s arbitrary disposal of the above house does not constitute embezzlement.

A. Article 186 of the Civil Act: Article 355(1) of the Criminal Act

Defendant

Prosecutor

Jeonju District Court Decision 82No56 delivered on September 22, 1982

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

The head of a house household originally registers the location, type, structure, owner, etc. of a building and makes entries in the register of an administrative agency in order to clarify the current state of a house and use it for taxation data, etc. is merely an expression of facts about a house, but it does not have the effect of acquiring ownership or other rights or presumed as a right holder solely on the fact that the ownership or other rights was registered in the name of another person in the house tax ledger, not for the purpose of disclosing the relation of rights to the house like the registry, but for the purpose of disclosing the relation of rights to the house. Thus, even if the non-indicted registered the name of the owner of the non-registered house in the name of the victim Kim Jae-jin as determined by the court below, even if the non-indicted registered the ownership of the building in the name of the victim Kim Jae-jin as the collateral borrowed by the deceased, the ownership of the building in question cannot be deemed to have been transferred to the above Kim Jong-jin or the effect of a security right to creation. Therefore, the defendant, who is the wife of the above building, is the owner of the above victim.

Therefore, the appeal is dismissed as it is not reasonable, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Kang Jong-young (Presiding Justice)