[소유권이전등기말소][공1981.8.15.(662),14092]
The owner of any property devolving upon the State without completing the registration of ownership transfer even though he acquired from Japan before August 9, 1945, but not subjected to the disposition for cancellation of ownership transfer.
A person who purchased real estate from Japan before August 9, 1945, but fails to complete the registration of ownership transfer by such date shall not claim ownership unless he/she is subject to the Prime Minister of Military Affairs, Order of April 17, 1948, and Order of July 28, 1948, and Ordinance of the Ministry of Maritime Affairs, Order of July 28, 1948, and Ordinance of the Ministry of Maritime Affairs, and Order of 120, respectively, and such real estate shall revert
Article 2 of the Military Affairs Act No. 33
Supreme Court Decision 66Da2668 Decided February 28, 1967, 67Da1551 Decided October 12, 1967, Supreme Court Decision 69Da902 Decided September 23, 1969
[Judgment of the court below]
A representative of the law of the Republic of Korea and a vice-principal litigation performer;
Jeonju District Court Decision 80Na163 delivered on October 17, 1980
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
The grounds of appeal by the Plaintiff’s attorney are examined.
According to the first agreement on the finance and property with the Government of the Republic of Korea and the United States of America as of August 9, 1945, the property in the name of Japan as of August 2, 1945 shall be reverted to the Government as of September 25, 1945 pursuant to the military law No. 33. However, a person who asserts that the property was purchased before the purchase from Japan shall belong to the Government as of September 25, 1945 under the military law No. 103, April 17, 1948, and July 28, 1948, the Appellate Committee's ruling on the cancellation of reversion or the decision on the cancellation of reversion by the simplified procedure or the cancellation of ownership by the court's final judgment cannot claim that the property was purchased in the name of the Republic of Korea, and the ownership shall be attributed to the State as of June 16, 1967, and it cannot be acknowledged that the plaintiff was not entitled to the ownership belonging to the State as of June 16, 197, 1967.
Therefore, the appeal is dismissed. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Yoon Il-young (Presiding Justice)