[소유권이전등기말소][집28(2)민,131;공1980.9.1.(639),13005]
Method of cancelling the Reversion of Property
As of August 9, 1945, a property owned in the name of Japanese person is reverted to the Government under subparagraph 33 of the Military Court Act, and a person who claims that the property was purchased from the Japanese person before that date and acquired the ownership may claim the ownership by obtaining a ruling on the cancellation of the ownership or a ruling on the cancellation of the reversion by a summary petition procedure at the Committee on Property under the Ordinance of the Ministry of General Affairs of each Gun Office of 103, 1948, and July 28, 1948, or by obtaining a confirmation under subparagraph 120 of the Act or by the cancellation of the reversion by a final judgment of the court.
Law No. 33, 103
Supreme Court Decision 66Da2668 Decided February 28, 1967, 67Da1551 Decided October 12, 1967, Supreme Court Decision 69Da902 Decided September 23, 1969
Plaintiff
The Minister of Justice shall appoint a representative of the law of the Republic of Korea and a clerk.
Jeonju District Court Decision 79Na232 delivered on February 21, 1980
The case shall be remanded to the Jeonju District Court Panel Division by destroying the original judgment.
The grounds of appeal by the defendant litigant are examined.
According to the reasoning of the judgment of the court below, even if the plaintiff purchased the above real estate from Japan on July 15, 1945, it was registered as Japanese owner as of August 9, 1945, and the plaintiff purchased it from Japan on July 15, 1945, but completed the registration of ownership transfer, as of September 11, 1945, the defendant recognized that he completed the registration of ownership transfer under the name of the defendant on the ground of reversion of the right on the above real estate as of September 11, 1948, as stated in its decision, and even if the plaintiff purchased the above real estate from Japan on July 15, 1945, the plaintiff filed an application for adjudication on the cancellation of ownership transfer under subparagraph 103 of the military law, or received the decision on the cancellation of the Central Council, or did not obtain the final judgment on the cancellation under the Presidential Decree and the Presidential Decree No. 216, but the defendant's assertion that the above property was not yet reverted to the defendant's property.
However, as of August 9, 1945, the property in the name of Japanese owner shall be reverted to the Government of September 25, 1945 under the Military Administration Act No. 33, 1945. However, a person who asserts that he purchased the ownership from Japan with respect to the property before that date shall purchase the property, and that he acquired the ownership, shall either obtain a ruling on the cancellation of the ownership or a ruling on the cancellation of the ownership under the Military Administration Act No. 103 and the Decree No. 120 of April 17, 1948, or a ruling on the cancellation of the ownership transfer under the Civil Administration Act No. 120, or a ruling on the cancellation of the ownership transfer under the final judgment of the court, or obtain a confirmation on the cancellation of the ownership transfer from the court. Accordingly, the person who did not receive the above cancellation of ownership can not assert the ownership on the ground of such purchase, and that the ownership transfer shall belong to the State before that ruling (see Supreme Court Decision 66Da268, Feb. 28, 1967, 1967). 1965.
Therefore, the original judgment is reversed, and the case is remanded to the Jeonju District Court which is the original judgment. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kim Yong-chul (Presiding Justice)