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(영문) 광주지방법원 2018.06.28 2017나60283

소유권이전등기

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on July 19, 194 on the real estate listed in the separate sheet (hereinafter “instant land”).

B. The defendant completed the registration of ownership transfer on September 30, 1994 with respect to the land of this case on February 10, 1957.

[Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion constitutes property reverted to the property owned by Japan, and thus, the Plaintiff acquired ownership of the instant land on January 1, 1965 under the former Act on Special Measures for the Disposal of Property Belonging to the State, and thereafter did not distribute or sell the instant land to others.

Nevertheless, since the transfer registration of ownership in the name of the defendant was completed with respect to the instant land, it is the registration of invalidity of cause.

Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer on the instant land to the Plaintiff based on the restoration of the authentic title.

B. (1) In full view of the overall purport of the pleadings as a result of the fact-finding of Gap evidence Nos. 5 and 6 and the fact-finding conducted by the court of first instance, the Ministry of Strategy and Finance does not include the sex of "C" in the creative name statement of the State property business manual published by the Ministry of Strategy and Finance on Feb. 2, 2010, which was not included in the model of "C" in the creative name statement of the State property business manual published by the Ministry of Strategy and Finance on July 16, 1996, the ownership transfer registration for the plaintiff's name was completed on October 25, 1994 with respect to the size of 972 square meters for the reason of reversion of rights, and it is recognized that there is no data such as a certified copy of the register of Dondo office having jurisdiction over the domicile in B

(2) However, in full view of the purport of the testimony and the entire argument of the witness E of this court, the following circumstances are revealed.

① From 1940 to 15 August 15, 1945, the Japanese colonial rule, the fact that most Korean nationals had opened a crym name in Japanese style is the fact of the announcement. As to the instant land, B.