8.15 The real estate in the Republic of Korea, which was registered in the name of the Army, an agency of the Japanese government before the date of the Navy, is the property devolving upon the Government of the Republic of Korea under Article 2 of the Maritime Affairs Act and Article 5 of the Initial Agreement between the Government of the Republic of Korea and the Government of the United States of America under Article 2 of the Initial Agreement Concerning the Finance and Property devolved to the Government of the Republic of Korea, and the so-called state-owned administrative property devolved to the Government of the Republic of Korea under Article 1 of the above Initial Agreement refers only to the property owned in Japan under the jurisdiction of the Department of the Maritime Affairs in the Republic of Korea prior to the date of the Navy. (See each of the Decisions 66Da2323 and April 16, 1968).

According to the records and the first and second judgments, it is evident that the land in this case was purchased to be used for the military purpose of Japanese army during the period from 1941 to 1942, and completed the registration of ownership transfer (in this case, no theory exists). Accordingly, in this case, there is no evidence to deem that the land in this case was subject to nationalization of the property devolving upon the State, and there is no evidence to deem that the land in this case was subject to nationalization of the property devolving upon the State, the court below was justified in supporting the first instance judgment that acquitted the same purport on the ground that there is no evidence to support that the land in this case is an administrative property or preserved property belonging to the State. In so doing, it cannot be said that there

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Jeon Soo-hee (Presiding Justice)