[소유권이전등기][집19(1)민,415]
On or before August 9, 1945, the real estate owned by the Dong was purchased from a Japanese person and registered provisionally, and the property without the principal registration was owned by the Si/Gun Office in accordance with the military law No. 33.
On or before August 9, 1945, the real estate owned by a Japanese person is purchased from a Japanese person and provisional registration is made only, and the real estate not registered is owned by a Japanese government office in accordance with the military law No. 33.
Military Affairs Act No. 33
69Da902 delivered on September 23, 1969
Plaintiff
Korea
Seoul High Court Decision 70Na1607 delivered on February 5, 1971, Seoul High Court Decision 70Na1607 delivered on February 5, 197
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
The grounds of appeal by the Plaintiff’s agent are as follows:
As in the theory of the lawsuit, on November 2, 194, 194, which was the deceased's predecessor, purchased the land of this case, which was owned from the day before his birth. The provisional registration of the provisional registration of the right to claim the transfer of ownership was issued from the court to the court, and the provisional registration was made on December 1 of that year. The above deceased was paid in full the price and did not satisfy only the requirements for setting up against the plaintiff, which acquired the real ownership and do not differ, pursuant to the medical law at that time, such property was reverted to the possession of the office of the United States Armed Forces (see Supreme Court Decision 69Da902 delivered on September 23, 1969). Even if the provisional registration was made above, if it was made on the provisional registration, the provisional registration becomes effective retroactively to the date of the first provisional registration, and thus, the plaintiff cannot be viewed as having an obligation to cancel the provisional registration as a matter of course to the effect that it did not belong to the person under obligation to the defendant's new registration.
Therefore, the appeal is dismissed without merit, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Supreme Court Judges Kim Young-chul (Presiding Judge) (Presiding Justice) Mag-gim Kim, Kim Jong-dae and Yang-Namng