소유권이전등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. According to each of the statements in subparagraphs 1-1 and 2 of the basic facts, it is recognized that the registration of ownership transfer was completed with respect to the land of this case on December 2, 1996 under the name of the Defendant as to the land of this case on April 2, 1996, when the ownership transfer registration under the name of "C" was completed as Japan was completed on April 20, 194 by the Mine Office of the Gwangju District Court (No. 2363 of the receipt on April 20, 194).
2. The plaintiff's assertion
A. In around 1973, the Plaintiff’s father D (hereinafter “the deceased”) paid rice 24 maths to the deceased E, who is the owner of the instant land, in the purchase price, and purchased the instant land from around that time, and began possession of the instant land while cultivating barley and valleys, etc. From that time. Around 1976, six seedlings of the deceased’s grandparents and parents, etc., who were in other places, were moved to the same part of the same dubial virtue of the instant land and occupied until they died.
B. After the death of the Deceased, the Plaintiff was in possession of the entire land of this case in peace and openly, while installing and managing the decedent’s grave on the west side of the instant land. As such, the Plaintiff acquired the instant land by prescription on December 2, 2016 after the lapse of 20 years from December 2, 1996, for which the registration of ownership transfer was made under the name of the Defendant.
I would like to say.
C. Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer on the instant land to the Plaintiff based on the completion of the prescription period for possession.
3. Determination
A. Article 1 of the Act on the Law of the Maritime Affairs and Fisheries of the United States Army Headquarters (hereinafter “Military Affairs and Fisheries Act”) provides that “All disposal of property owned by Japan after August 9, 1945 shall be prohibited.” Article 2 of the Military Affairs and Fisheries Act provides that “The ownership of property owned by Japan after August 9, 1945 shall be the ownership of property owned by Japan.”
9.25. Sub-section 25. The military administration law provides that "the ownership shall belong to the U.S. military administration," and Article 4 of the military administration law provides for a penal provision for a violation.