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(영문) 대구지방법원 영덕지원 2018.04.10 2017가단10881

소유권이전등기

Text

1. The defendant is based on the restoration of the true name with respect to the land B 79 square meters in Ulsan-gun, Ulsan-gun.

Reasons

1. Basic facts

A. C completed the registration of ownership transfer made on June 12, 1937 with respect to 24 square meters (24 square meters converted from October 18, 1999 to 79 square meters in size; hereinafter “instant land”).

C’s address is “Suljin-gun D”.

B. The Defendant completed the registration of ownership transfer under the name of the Defendant, which was based on the sale as of September 28, 1983, No. 6511, which was received on September 28, 1983, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 3562, invalidation, and special measures).

C. From February 3, 1973, the Defendant owned the building on the ground of this case from around February 3, 1973 to the present date and possessed it.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5 and Eul evidence Nos. 1, 2, 4 through 6 (including branch numbers; hereinafter the same shall apply) and video, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. In full view of whether C is a Japanese person or not, comprehensively taking account of the overall purport of the pleadings, it is reasonable to deem C to be a Japanese person in light of the following: (a) the head of the Dong-gun, Chungcheongnam-gun, U.S., U.S.-gun, U.S. (Seoul) sent a reply to the effect that C does not have a certified copy of C; (b) if C is a creative Korean person, the head of the Dong-gun, U.S., U.S. would have no certified copy or other public books in the E area having jurisdiction over the domicile.

B. According to the relevant legal principles as to whether the instant land is owned by the Plaintiff, Article 5 of the first Agreement on Finance and Property between the Republic of Korea and the United States of America, and Articles 4, 34, and 40 of the Act on the Management of Property Belonging to the State, Japan, etc. since August 9, 1945, the property existing within the jurisdiction of the U.S. Armed Forces shall be owned by the U.S. Armed Forces as of September 25, 1945.