소유권이전등기
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Facts of recognition;
A. On February 1, 1944, Japan, as Japan, completed the registration of ownership transfer on the land of 1134 square meters (hereinafter “instant land”).
B. After that, on January 10, 1961, the registration of ownership transfer was completed on July 10, 1984 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 3562) on the land of this case on the grounds of sale on January 10, 1961.
C. The Defendant Intervenor: (a) completed the registration of ownership transfer on December 9, 1992 with respect to the instant land on the ground of sale and purchase on December 8, 1992; and (b) sold the instant land to the Defendant on November 16, 2007; and (c) the Defendant completed the registration of ownership transfer on the ground of this reason and occupied and cultivated the instant land.
【Ground of recognition】 The fact that there is no dispute, Gap evidence 3, Eul evidence 3-1 and 2-2, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to Article 2 subparagraph 1 of the former Act on Special Measures for the Disposal of Property Belonging to the State (Act No. 1346 of May 29, 1963) and Article 5 of the Addenda, since Article 2 subparagraph 1 of the former Act on Special Measures for the Disposal of Property Belonging to the State and Article 5 of the Addenda provide that property devolving to the State shall be attributed to the State free of charge until the end of December 1964, property not sold until the date shall be State property since January 1, 1965. Meanwhile, according to the provisions of Article 2 and 33 of the Act on Special Measures for the Disposal of Property Belonging to the State and Article 5 of the former Act on Special Measures for the Disposal of Property Belonging to the State and Article 4, and Article 44, and Article 40 of the former Act on Special Measures for the Disposal of Property Belonging to the State and Article 5 of the Addenda, the property which exists within the jurisdiction of the United States Armed Forces shall not be attributed to the possessor of the State, even if it was transferred to the State property.
(See Supreme Court Decision 9Da36778 delivered on June 9, 200, etc.).