[소유권이전등기말소청구사건][고집1968민,476]
A company established in Korea prior to August 9, 1945 and the property devolving upon it;
A company established in Korea prior to August 9, 1945, even if part of its shares was owned by Japan, the company's properties are not attributed to the government, but belonging to the government, but only to the shares belonging to Japan pursuant to Article 2 (3) of the Act on the Disposal of Property Belonging to the Government.
Article 2 of the Act on Property Disposal for Reversion
Supreme Court Decision 63Nu26 delivered on April 25, 1963 (Supreme Court Decision 2677 delivered on November 26, 200, Supreme Court Decision 2(34)9 delivered on April 25, 196
Korea Trucking Corporation
Republic of Korea and three others
Seoul Central District Court (67Ga9454) in the first instance trial
The appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
The plaintiff's attorney revoked the original judgment and the defendant's legal representative shall revoke the plaintiff's 166-3 site in Seodaemun-gu, Seoul and 352.4 and above ground and 200,000 won in 29,000 won in 29,000 won in 29,000 won in 107,000 107,000 107,000 107,000 297,000 won in 196,000 won in 196,000 won in 196,000 won in 20,000 won in 166,000 won in 197,000 won in 20,000 won in 167,000 won in 196,000 won in 20,000 won in 16,000 won in 196,000 won in 26,000 won in 154.6.6
The real estate stated in the purport of the claim was originally owned by the non-party Gyeongju Co., Ltd., and the registration of transfer of ownership was made under the name of the Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City District Court No. 16699, Sep. 19, 1945, which was the overall transfer of the Plaintiff Co., Ltd., and the registration of transfer of ownership was completed on the ground of sale as of June 5, 194, as of Sep. 10, 1955, No. 14643, Sept. 11, 1948, under the name of the Republic of Korea for the reason of reversion of rights, and again the registration of transfer was completed on the ground of sale as of Sep. 10, 195, as No. 14646, Sep. 14, 1955.
The plaintiff's above real estate is owned by the plaintiff company, but the defendant Republic of Korea recognized it as the vested property and completed the registration of ownership transfer, but the above real estate cannot be the vested property. Therefore, the above registration is invalid because it lacks the cause. Accordingly, as to the assertion that the registration of ownership transfer and the registration of ownership transfer in the name of the remaining defendant et al. paid successively from the same Republic of Korea is also null and void, the defendants considered it as a dispute, and if the contents of the evidence Nos. 2 through 13 without dispute, the witness's testimony and the whole purport of the party's argument are all purport, the plaintiff company, a telegraph & Truck Control Co., Ltd., a telegraph of the plaintiff company, is a general consignee of the plaintiff company, as of December 29, 1943, as of December 29, 1943, and as of December 1504, 198 of the National Mobilization Act, the plaintiff company was incorporated and owned by the non-party 3 et al., a real estate investment in kind.
Thus, since the above ship company was established in the Republic of Korea prior to August 9, 1945 and part of the shares were owned by Japan, only the shares belonging to the above Japanese owner shall belong to the government and the above company's property shall not belong to the government, pursuant to Article 2 (3) of the Act on the Disposal of Property Belonging to the above Japanese owner, and it is recognized as the property belonging to the government and completed the registration of ownership transfer for the reason of reversion of rights in the name of the defendant in the name of the Republic of Korea, it shall be the invalid registration lacking the cause, and the registration of ownership transfer in the name
However, the defendant Cho Young Industrial Co., Ltd. claims that the above real estate was registered as of September 10, 195 in the name of the defendant company as above, and that the above real estate was acquired by the possession of the above real estate in good faith and without negligence for ten years from that time, and that it was acquired by prescription. Thus, the above real estate was occupied by the defendant Cho Young Industrial Co., Ltd. on the ground of sale as of September 10, 1955 between the defendant and the Republic of Korea on the ground of sale as of January 14, 1955, and the fact that the ownership transfer registration has been made in the name of the defendant Cho Young Industrial Co., Ltd. on the ground that the above real estate was not a dispute between the defendant and the non-party 4, and all purport of the testimony as well as the parties' arguments, as seen above, the defendant Cho Jong Industrial Co., Ltd. was absent from the defendant Republic of Korea on September 14, 1955 and completed the registration of ownership transfer as of September 10, 195.
Therefore, the defendant Cho Jong Industrial Co., Ltd will have acquired the ownership of the above real estate as of September 10, 1955 after commencing the possession of the above real estate.
Therefore, the plaintiff's principal claim for the registration of ownership transfer and the cancellation of the registration of establishment of a right to collateral security, which was made under the name of the defendant on the premise that the plaintiff has ownership on this real estate, is without merit, and therefore, it shall be dismissed. Accordingly, the judgment below which concluded this conclusion is correct and the plaintiff's appeal is without merit, and it is so decided as per Disposition by applying Article 95 of the Civil Procedure Act Article 95 of the same Act to the costs of lawsuit.
Judge Lee Tae-sung (Presiding Judge)