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(영문) 대구지방법원 영덕지원 2018.04.10 2017가단10874

소유권이전등기

Text

1. The Defendant is based on the restoration of the true name with respect to the Plaintiff’s 1,365 square meters in the field B, Young-gun, Chungcheongnam-gun.

Reasons

1. Basic facts

A. C completed the registration of ownership transfer on March 10, 1943 with respect to 413 square meters (in the form of the area unit converted on July 26, 1994, the above 413 square meters was changed to 1,365 square meters; hereinafter “instant land”). < Amended by Act No. 4183, Mar. 10, 1943>

C’s address is “Yuk-gun D”.

B. The Defendant completed the registration of transfer in the name of the Defendant under the name of Daegu District Court No. 8503, Jul. 26, 1994 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Sept. 26, 1994; hereinafter “Special Measures Act”) with respect to the instant land along with a letter of guarantee (hereinafter “instant letter of guarantee”) stating that “the Defendant actually purchased the instant land from C on January 27, 1984 and actually owns it.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, and 7 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of claim

A. Comprehensively taking account of the overall purport of arguments as to whether C is a Japanese person, it is reasonable to deem C to be a Japanese person in view of the following: (a) the fact that C is written as the owner of the land of this case, and there is no certified copy of C in the farmland division in which the farmland owned by Japan, which was reverted to the State after the tidal Sea, was recorded as the owner of the farmland of this case; and (b) the lack of a certified copy of C. If C is a new Korean person, it would be deemed that there is no such public book as to whether C would have the possibility of the removal of a certified copy or other public book in E, which was located in his/her jurisdiction; and (c) the fact that sexual weather is not written in the original publication of the National Archives; and (d) it is reasonable to deem

B. As to whether the instant land is owned by the Plaintiff, subparagraphs 2 and 33 of the Re-U.S. Military Manpower Headquarters Act, Article 5 of the first Agreement on Finance and Property between the Republic of Korea and the United States of America.