[귀속재산처리무효확인][집10(1)행,022면]
The effects of Korean nationals who acquired Japan on the property owned by the same person that has been reverted to the case of leaving his nationality or abandoning his nationality;
Article 11 of the South Do Government Law No. 11 of the South Do Government Law does not affect the property which belongs to the king even if the person who acquired the Japanese nationality secedes from or renounces his
Article 5 of the Provisional Ordinance on the Nationality No. 11 of the Southern and Do Government Act, Article 118 of the Military Court Act, Article 191 of the Military Court Act
Long-gu Seoul High Court Decision 201Na11448 decided May 1, 201
The Director General of the Seoul Metropolitan Government
Shin Chang-sung (Attorney Choi Won-sung, Counsel for the defendant-appellant)
Seoul High Court Decision 4293Da101 delivered on February 8, 1961
The original judgment shall be reversed.
The case is remanded to Seoul High Court.
The grounds for appeal of the maximum amount of the defendant's attorney-at-law by the defendant's performer Kim Jong-in and the defendant's assistant attorney-at-law are as specified in the attached Form.
The judgment of the court below is clear in the judgment of the court below that the real estate was owned by the non-party 1, and that the non-party 1 was married with the non-party 2, Japan 2, 201, and that the non-party 1 had a marriage with the Japanese Sojoon on March 12, 1946, and that the non-party 1 was married with the Sojoon on March 12, 1946, and that the non-party 1 was registered on May 11, 1948, pursuant to Article 5 of the Provisional Ordinance on Nationality No. 11 of the excessive government Ordinance on the Nationality of the Southern Shipbuilding, which was promulgated on May 11,
However, Article 11 of the excessive government of the South and North Korea Act provides that when a person who acquired a foreign nationality or Japan's family register renounces his nationality or deserts the Japanese nationality before August 9, 1945, it shall be deemed that the former owner restored the Japanese nationality. However, Article 118 of the Military Court Act provides that "the authority of the excessive legislative officer of the South and North Korea's government enacted the law of the excessive government of the South and North Korea" shall be within the authority of the Joseon Office, and Article 191 of the Military Court Act promulgated on May 12, 1948, Article 2 provides that "the former owner shall be deemed to have renounced the Japanese nationality and continuously acquired the Japanese nationality after the enforcement date of this Decree, and Article 191 of the Civil Procedure Act provides that "the property already returned to the Maritime Court" shall be deemed to have been reverted to the former owner's property for which the former owner acquired the Japanese nationality after the enforcement date of this Decree, and since Article 191 of the South and North Korean Government Act provides that the former Government's property of this case shall not be attributed to the plaintiff's property.
Supreme Court Judge Choi Mamo (Presiding Judge) (Presiding Justice)