[소유권이전등기말소청구사건][고집1972민(1),134]
Article 4 of the Addenda to the Act on Special Measures for the Disposal of Property Belonging to State where only the registration has been made to a person who is not made;
Where only the registration has been made without any cause to a person who has not received the property of a Dormant Corporation from the authorities having jurisdiction over the State, the motive shall not be legalized upon the lapse of the period for filing a lawsuit under Article 4 of the Addenda to the Act on Special Measures for the State Property
Article 4 of the Addenda to the Act on Special Measures for Reversion Property Management
Plaintiff
Korea
Seoul Central District Court (71 Gohap248) in the first instance trial
The defendants' appeals are dismissed.
The costs of appeal shall be borne by the defendants.
(2) Defendant Republic of Korea: (a) the procedure for the registration of ownership transfer due to sale on June 13, 1956, as to 3-3 large 28 large 3-3 large 28 large 5 Hobbes, 91-38 large 34 large 34 square meters; (b) Defendant Republic of Korea
(2) As to the share 28.04 of 34.5 percent of the above real estate, Defendant 2 fulfilled each of the procedure for the cancellation of registration of the transfer of part of ownership as Seoul District Court No. 2535 of Jan. 27, 1961.
The part against the Defendants in the original judgment shall be revoked.
The plaintiff's claim is dismissed.
(1) The non-party 1, 5, 1, 2-1, 3 and 2-1, 2-1, 3 and 6-1, 3-2, 4 and 6-1, 3-2, 4 and 5-1, 6-3, 4 and 9-1, 6-1, 3-2, 6-2, 3-2, 4 and 9-4, 1-2, 3-2, 4 and 5-7, 6-2, 3-2, and 9-3, 6-1, 3-2, 4 and 9-7, 3-1, 6-1, 3-2, 8-1, 3-2, and 9-1, 6-1, 3-2, and 5-3, 195, of the land substitution land of the non-party 5-1, 3-2, and 18-2, 3-1, 3-1, 3-2, 3.
(2) Thus, as long as the plaintiff specified the location from the government office after the public notice of the land scheduled for substitution for annexation and then purchased the land for which a separate lot number is assigned from 3-3 to 28-5 Hobbbe, Jung-gu, Seoul, Jung-gu, Seoul, with 3-3 to 28-5 Hobbe, and the price was paid in full, the defendant Republic of Korea is obligated to implement the procedure for the registration of ownership transfer on the ground of sale, such as exhibition, and the registration of ownership transfer in the name of the non-party 1 as to the same site is invalid regardless of whether the land was combined and the registration of ownership transfer in the name of the non-party 2, who was based on the above registration, is also invalid.
(3) The defendant Republic of Korea is the non-party 2, a Dormant Corporation, which originally reverted to the original site, and the disposal act that was made by the State to the non-party 1 after the registration of attribution of right, was legalized pursuant to Article 4 of the Addenda to the Act on Special Measures for Asset Ownership. However, if only the registration was made on the part of the non-party 1, who did not receive the property of the Dormant Corporation from the government authorities, as recognized earlier, the registration cannot be legalized upon the lapse of the filing period under Article 4 of the Addenda to the above Act. Thus, the defendant's above defense cannot be accepted
(4) Therefore, the plaintiff's main claim is reasonable, and thus, the original judgment, which is the same purport, is reasonable, and this appeal is without merit, and it is so decided as per Disposition by applying Articles 384, 95, 93, and 89 of the Civil Procedure Act.
Judges Noh Jeong-hee (Presiding Judge)
Judges Kim Jong-Gyeong may not sign and affix a seal around the past.
No judge shall affix his/her signature and seal to the past.