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(영문) 광주고등법원 (전주) 2015.06.30 2015노85
부동산소유권이전등기등에관한특별조치법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court convicted the Defendant of mistake of facts or misapprehension of legal doctrine, even though the Defendant did not have any awareness of falsity as stipulated in Article 13(1) of the Act on Special Measures for the Registration, etc. of Real Estate Ownership (hereinafter “Special Measures Act”), since each of the instant lands was inherited from the Defendant’s father. In so doing, the lower court erred by mistake of facts or misapprehension

B. The lower court’s sentence on the ground of unreasonable sentencing (7 million won of fine) is too unreasonable.

2. Determination

A. The following circumstances and facts are acknowledged according to the circumstances recognized as misunderstanding of facts or misapprehension of the legal doctrine and the evidence duly admitted and investigated by the lower court. ① The instant real estate is 724m2 and 2,552m2 (hereinafter “instant real estate”).

(2) On April 22, 1950, as to the portion of 1/2 of the 724 square meters in Nam-si, Nam-gu, Seoul Special Metropolitan City, D, 1950, as to the portion of 6/7 square meters in size of 724 square meters, E’s share transfer registration due to sale on August 20, 1949, and on March 25, 1987, the share transfer registration under the name of the Defendant was completed on February 23, 1987 with respect to the remaining portion of the instant real estate due to a consultation division. ② On December 22, 2007, F, G, and H was prepared a letter of guarantee that “the Defendant actually and severally purchased all of the portion of the instant real estate E from E on March 25, 1987, and actually and severally purchased it.”

hereinafter referred to as “instant letter of guarantee”).

On December 24, 2007, the Defendant prepared an application for issuance of the certificate attached to the instant guarantee to the Namwon City Mayor, and submitted on March 19, 2008, a written confirmation from the Southern City Mayor (hereinafter “instant confirmation”).

The defendant was issued with the E on April 10, 2008, and thereafter, on March 25, 1987, the entire E share of the instant real estate is the defendant.

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