소유권이전등기
1. The defendant is based on the restoration of the name of the petitioner with respect to the area of 106 square meters in the previous 106 square meters in Chungcheongnam-gun, Chungcheongnam-gun.
Article 1 of the Act on Special Measures for the Disposal of Property Belonging to the United States of America and the United States of America provides that the ownership of property owned by Japan after August 9, 1945 belongs to the United States of America on September 25, 1945 and Article 5 of the first Agreement on Finance and Property concluded between the Republic of Korea and the United States of America on September 11, 1948 provides that property belonging to the United States of America shall be transferred to the Republic of Korea by property belonging to the United States of America, and Article 5 (1) of the Addenda to the former Act on Special Measures for the Disposal of Property Belonging to the State shall be free of charge if the sales contract was not concluded by the end of December 1, 1964.
Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3, the non-party C purchased the land indicated in the order (hereinafter "the land of this case") from the non-party D on January 29, 1943, and completed the registration of ownership transfer on May 25, 1943. The defendant purchased the land of this case from the above C on October 10, 1985 and completed the registration of ownership transfer on July 4, 1994, and on the other hand, the non-party C is Japan, respectively.
Comprehensively taking account of the above legal principles and the facts acknowledged, the land of this case was owned by Japan as of August 9, 1945 and became a state-owned property not by the end of December 1964. Thus, the defendant is liable to implement the procedure for the transfer registration for ownership due to the restoration of real name to the plaintiff. It is so decided as per Disposition.