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

A. B completed the registration procedure for ownership transfer on June 30, 194 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) by the Gwangju District Court No. 4939, Feb. 4, 194.

B’s address is written as “Seoul-gun, Jeonnam-gun C.”

B. The Defendant completed the registration of ownership transfer under the name of the Defendant on the ground that he purchased the instant real estate from B on December 13, 1994 as the receipt of No. 3310 on December 15, 1985, pursuant to the former Act on Special Measures for the Transfer of Real Estate Ownership (amended by Act No. 4502, Nov. 30, 1992).

[Ground of recognition] Evidence No. 1-2, Evidence No. 2-1 and Evidence No. 2-2, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion constitutes property devolving upon the property owned by Japan, and the Plaintiff acquired the ownership of the instant real estate on January 1, 1965 in accordance with the former Act on Special Measures for the Disposal of Property Belonging to the State.

The Plaintiff did not distribute or sell the instant land to another person thereafter.

Nevertheless, since the registration of transfer of ownership in the name of the defendant has been completed with respect to the land in this case, such registration is invalid.

Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer on the instant real estate to the Plaintiff based on the restoration of real name.

B. The key issue of the instant case is whether B, who is the former owner of the instant real estate, is Japan, and according to the statement in the evidence No. 3, it is recognized that B had resided in South and North Korea.

However, during the period from around 1940 to August 15, 1945, the fact that most Koreans had opened a new name in Japanese style is the fact of notification, and the fact that people with D’s character had opened a new name as E, it seems that there were many cases where people with D’s character had opened a new name as E, and that A.