If the registration of ownership transfer was made on the ground of inheritance in the future by the property inheritor even though there is no substantial right to the decedent, the original of the notarial deed and the nature of the crime of uttering

Since an inheritor has succeeded to the comprehensive rights and duties concerning the property of the inheritee from the time of commencement of inheritance due to the death of the inheritee, even though there was no real right to any real estate by the inheritor, if the inheritor has completed the registration of ownership transfer due to inheritance, such registration is merely a representation of the legal relationship on the register at the time of inheritance, and such registration procedure cannot be established on the ground that the crime of false entry in the original copy of authentic deed

Articles 228 and 229 of the Criminal Act

Defendant 1 and one other

Defendants and Prosecutor

Gwangju High Court Decision 83No75 delivered on November 15, 1985

The Defendants and the Prosecutor’s appeals are dismissed.

1. The defendants' grounds of appeal are examined.

Examining the reasoning of the lower judgment’s conviction based on the record, the lower court’s determination of the facts constituting the crime is justifiable, and there is no error in violation of the rules of evidence such as the theory of lawsuit. All appeals are groundless.

2. Prosecutor's grounds of appeal are examined.

Since an inheritor has succeeded to the comprehensive rights and duties concerning the property of the inheritee from the time of commencement of inheritance due to the death of the inheritee, even though there was no real right to any real estate by the inheritor, if the inheritor has completed the registration of ownership transfer due to inheritance, such registration is merely a representation of the legal relationship on the register at the time of inheritance, and such registration procedure cannot be established on the ground that the crime of false entry in the original copy of authentic deed

Examining the reasoning of the judgment below in light of the records, the court below affirmed the judgment of the court of first instance which acquitted the defendant on the ground that the facts that the defendant was 1 6 f. 1 f. f. 1 f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f

3. Therefore, each appeal by the Defendants and the prosecutor is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Kim Jong-sik (Presiding Justice)