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(영문) 창원지방법원진주지원 2020.06.03 2019가단36116

소유권이전등기

Text

1. The Defendants shall share the respective shares indicated in the attached Form 2 Defendant’s share in each real estate listed in the attached Table 1 list to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 17, 1936, K, Japan, was divided into each land listed in the separate sheet No. 1, 1993 (the above land was divided into the land listed in the separate sheet No. 1, Sept. 11, 1993; hereinafter the same shall apply) and completed the registration of ownership transfer on February 7, 1936 with respect to the land listed in the separate sheet No. 2, the annexed sheet No. 1, and the land listed in the separate sheet No. 2, the annexed sheet No. 1, and each of the land listed in the separate sheet No. 1, the “instant land”).

B. M has completed the registration of ownership transfer based on sale on April 10, 1980 in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, hereinafter “Special Measures Act”), and M completed the registration of ownership transfer based on sale on the land of April 4, 1998 as to the land of March 198, 198. < Amended by Act No. 4506, Apr. 2, 1998>

C. M (hereinafter “the deceased”) died on January 20, 201, and succeeded to the land of this case by wife A and the Defendants. A also died on November 3, 2019 when the lawsuit of this case was pending, and finally, the Defendants’ share of inheritance on the land of this case is identical to each share indicated in the column of the Defendant’s share of inheritance in attached Form 2.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including additional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. Under Article 1 of the former Act on Special Measures for the Disposal of Property Belonging to the State (Act No. 1346 of May 29, 1963, Article 2 subparag. 1 of the Lapsed Act, and Article 5 of the Addenda), since Article 1 of the former Act on Special Measures for the Disposal of Property Belonging to the State stipulates that property devolving to which no sales contract was concluded by the end of December 1964 shall be State property free of charge, the property devolvingd to the State property not sold by that date shall be State property

According to the provisions of subparagraphs 2 and 33 of the Act of the United States Army Headquarters, Article 5 of the first Agreement on Finance and Property between the Republic of Korea and the United States of America, and Articles 4, 34, and 40 of the Jurisdictional Property Management Act, the Government of Japan or Japan after August 9, 1945.