beta
(영문) 대법원 1967. 3. 21. 선고 64누26 판결

[행정처분취소][집15(1)행,055]

Main Issues

A final and conclusive judgment received before August 9, 1945 with respect to real estate held in title trust to Japan, and the order of the Minister of Maritime Affairs and Fisheries of August 28, 1945

Summary of Judgment

If a judgment was rendered before August 9, 1945 with respect to real estate trusted in title to a Japanese person, the ownership of the real estate shall not be lost even after the lapse of the period of release under the Ordinance of the Ministry of Maritime Affairs.

[Reference Provisions]

Decree of the United States Armed Forces of No. 33 of the United States Armed Forces Act, No. 103 of the United States Armed Forces Act, August 28, 1948

Plaintiff-Appellant

Plaintiff

Defendant-Appellee

head of Sung Dong Tax Office

Judgment of the lower court

Seoul High Court Decision 63Gu179 delivered on January 14, 1964

Text

The original judgment is reversed and the case is remanded to the Seoul High Court.

Reasons

We examine the grounds of appeal by the Plaintiff’s attorney.

The original judgment is clear that this case was owned by the plaintiff 1, 1938.4, and that there was a separate provision on the ownership of the above non-party 1, the heir of the above non-party 1, as the result of the fact that the plaintiff 2 had been holding the above non-party 3's new title trust interest in the 1938 military, and that the plaintiff had been holding the above non-party 2's new title trust interest in the 4th anniversary of the cancellation of the trust of the above forest under the law of 1940, and that the plaintiff had been holding the above non-party 3's new title trust interest in the 4th anniversary of the fact that the court had been held in favor of the plaintiff 1, 500, and that the new title trust interest in the 9th anniversary of the fact that the new title trust interest was not vested in the 1945 military court's original judgment, and that the court's new title was not vested in the 9th court's new title trust interest in the 9th court's final judgment.

Judges of the Supreme Court (Presiding Judge) Ma-dong (Presiding Judge)