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(영문) 대법원 1962. 1. 31. 선고 4294민상651 판결

[부동산소유권확인][집10(1)민,074]

Main Issues

In case where a male who is a Korean citizen has entered his name in the Japanese family register as a deceased person's deceased person's deceased person's deceased person's deceased person's deceased person's deceased person's deceased person's deceased person's deceased person's deceased person,

Summary of Judgment

If a male who is a Korean citizen has entered his name in the Japanese family register as a deceased person's deceased person's deceased person's deceased person's deceased person's deceased person's deceased person's deceased person's deceased person's deceased person's deceased person's wife after the year, mixed with his wife, and

[Reference Provisions]

Military Affairs Act No. 191 No. 2

Plaintiff-Appellant

Plaintiff

Defendant-Appellee

Jeju Industrial Company

Judgment of the lower court

Seoul High Court Decision 60No1545 delivered on May 19, 1961, Seoul High Court Decision 2005Da1545 delivered on May 19, 2001

Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

Reasons

The grounds of appeal by the Plaintiff’s attorney are examined.

The original judgment was registered as the co-ownership of the plaintiff's real estate at a certain time with Jinjin-gu and U.S., but the plaintiff was Japan and U.S., but he had been married to the plaintiff at a certain time with the Japanese woman, and the Korean family register was left in Korea at a certain time. The plaintiff's right to divorce with the woman of Sep. 26, 1945 to the plaintiff's 11 of South Korea Ordinance on Nationality No. 11 of the South Korean government, which was not recognized as the restoration of the plaintiff's nationality before Aug. 9, 1945, and thus, the court below rejected the plaintiff's right to ownership transfer of the real estate at the expense of 90 U.S. military government No. 191 (No. 33 of the title of this Act). The court below's decision that the plaintiff's right to ownership transfer had not been restored to the plaintiff's property prior to the expiration of 198 U.S. military government's 9/3 of this Decree.

Judge Lee Young-young (Presiding Judge) of the Supreme Court