Main Issues

Japan's effect on Japan's escape and vested property

Summary of Judgment

Property already acquired by the United States Armed Forces pursuant to Article 33 of the Military Service Act shall not affect changes in the relationship of rights already reverted to the Republic of Korea even if the former owner retired from Japan and returned home to Korea before the enforcement of the promulgation of the Military Service Act No. 191 ( September 26, 1945).

[Reference Provisions]

Article 1, Article 2, Article 3 of the Military Administration Act, Article 1, Article 2, Article 33 of the Military Administration Act, Article 2, Article 3, Article 4, and Article 5 of the Military Administration Act

Reference Cases

Supreme Court Decision 4294No. 651 delivered on January 31, 1962 (10 ① civil 74; Supreme Court Decision 191Da1870 delivered on December 18, 1967 (2) 67Da1870 delivered on December 18, 1967 (Supreme Court Decision 2171; Decision 191Da1969 delivered on December 19, 196)

Plaintiff and appellant

Plaintiff

Defendant, Appellant

3 others than the country

Judgment of the lower court

Seoul Central District Court (65 Ghana13262) in the first instance trial

Text

The appeal is dismissed.

Purport of claim and appeal

The plaintiff's legal representative shall revoke the original judgment. The defendant's legal representative shall confirm that the real estate in the separate sheet Nos. 1, 2, and 3 is the plaintiff's ownership, and shall take the procedure of cancellation registration of ownership transfer registration (the ownership transfer registration date shall be reverted to the right of Sep. 11, 1948) under No. 19630 on Oct. 21, 1963 under the receipt of the registration office of Yongpopo Port Office No. 19637 on Oct. 21, 1963, and defendant 2 shall take the procedure of cancellation registration of ownership transfer registration (the registration date shall be sold May 17, 1963) under the receipt of the registration office of Yeongdeungpopo Port Office No. 22035 on Nov. 15, 1963 on real estate in the separate sheet No. 3 list, and the defendant 3 shall take the procedure of cancellation registration of ownership transfer registration under the registration office of No. 1963, Jul. 364, 1964). 197

Reasons

The purport of the judgment of the court below is that the plaintiff's transfer of real estate in the separate list No. 1 was without dispute between the parties concerned. The plaintiff's transfer of real estate in the separate list No. 2 to the Government of Korea No. 3 was 457,730 won (the current currency) and the provisional registration of transfer of ownership was made on Apr. 2, 1942, and the defendant Republic of Korea No. 2 had no record of ownership belonging to the Government of the Republic of Korea No. 9600, Sep. 9, 2006. The plaintiff's transfer of real estate in the separate list No. 1 to the Government of Korea No. 399, Nov. 9, 2006, to the Government of the Republic of Korea No. 1969, Nov. 26, 2006. The plaintiff's transfer of real estate to the Government of the Republic of Korea No. 197, Nov. 3, 2006.