The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. In full view of the evidence submitted by the prosecutor in the gist of the grounds for appeal, the court below found the Defendant guilty of the facts charged in the instant case where the Defendant forged a letter of waiver of superficies under the name of D and exercised it to H, but acquitted the Defendant on the part of the fact.

2. The facts charged in this case

A. On October 28, 2009, the Defendant forged a private document under the title “D”, “E” in the name column, “E” in the resident number column, and “F apartment 114-2107 in the Gyeonggi-do Pakistan-si” in the content column, and in the content column, the Defendant renounced all superficies by March 20, 2019, returned to the lessor and did not raise any objection to the criminal charge.

"..." The D's seal was affixed to D's name and affixed to D's name, and forged a copy of D's abandonment of superficies in the name of the private document on rights and obligations.

B. On October 28, 2009, the Defendant: (a) delivered one copy of the waiver note of superficies in the name of counterfeit D, as if they were duly formed, to H, and exercised it.

3. Determination

A. The lower court’s judgment appears to have been forged according to the evidence of the lower court’s judgment. According to the H’s investigation agency and the lower court’s statement in the investigation agency and the lower court court, there are doubtful doubt that the Defendant is not a forgery of the waiver of the superficies of this case. However, H’s statement is inconsistent with the statement in the investigation agency and the lower court’s court’s court’s trial, the time and place of receipt of the waiver of the superficies of this case, H’s statement in the investigation agency and the lower court’s trial, or contrary to objective facts, and H’s civil litigation instituted against D.