The costs of appeal are assessed against the defendant.

1. As to the grounds of appeal Nos. 1 and 2

A. Article 2 subparagraph 2 of the Special Act on the Reversion of Property of Pro-Japanese and Anti-National Collaborators to the State (hereinafter “The Act on the Reversion of Property”) provides that “the pro-Japanese property” means the property acquired in return for the cooperation with the Japanese colonialism from the opening of the Japanese War to August 15, 1945, or inherited in return for the awareness that it is an inherited property or pro-Japanese property. In this case, the property acquired by the pro-Japanese conductr to August 15, 1945 shall be presumed to be the property acquired in return for the pro-Japanese conduct, while Article 3 (1) provides that “The property shall be deemed to be the property acquired in return for the pro-Japanese conduct, and shall be owned by the State at the time of the act of causing the acquisition, donation, etc. However, the right acquired in good faith by a third party or acquired in return for a legitimate payment shall not be prejudiced.

B. In light of the purport of the language and text of relevant provisions, Article 2 subparag. 2 of the Act on the Reversion of Pro-Japanese Property does not vary depending on whether the concept of pro-Japanese property was disposed of before the enforcement of the Act, and the scope of “third party” under the proviso of Article 3(1) of the same Act shall be construed to include not only the person who acquired the pro-Japanese property before the enforcement date of the Act on the Reversion of Pro-Japanese Property but also the person who acquired the property after the enforcement date of the same Act (see, e.g., Supreme Court Decision 2008Du13491, Nov. 3, 2008). Thus, “pro-Japanese property” under Article 2 subparag. 2 of the Act on the Reversion of Pro-Japanese Property shall be deemed to include the property disposed of to the

In addition, even if such interpretation is made, a third party who acquired pro-Japanese property before the enforcement date of the pro-Japanese Property Reversion Act is bona fide or paid a reasonable price.