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(영문) 광주지방법원장흥지원 2020.10.28 2018가단6366

소유권이전등기

Text

1. The defendant (appointed party) and the designated parties shall list the Plaintiff’s share in the attached Form 3 among each real estate listed in the attached Table 2 list.

Reasons

1. Basic facts

A. On December 15, 1922, the registration of ownership preservation was completed in the name of the D Co., Ltd. as to the 2574 Pari (hereinafter “Bri”) No. 2574.

B. After that, C’s land was divided into E’s land and F’s land, G 959 square meters was divided from E’s land, and the F’s land was divided into KRW 1359 square meters before H.

C. On August 31, 1981, G and H land had been registered in the name of D Co., Ltd. under the former Act on Special Measures for the Transfer, etc. of Real Estate Ownership (amended by Act No. 3094; hereinafter “Special Measures Act”), and H land had completed the registration of transfer of ownership in each one’s name on the grounds of sale on August 8, 1961, and on September 9, 1969.

In addition, on July 21, 1995 with respect to H's share 464/1359 among H's land, the transfer registration under J's name was completed on October 18, 2017, and the transfer registration under K's name was completed on December 4, 2017.

E. The defendant (appointed party, hereinafter referred to as "the defendant") and the designated parties are the successors of I.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The land located in the name of D Co., Ltd. after the sea of August 15, 1945 is managed by LA and MA, under the U.S. military administration and its subsequent MA, and belongs to the defendant under Article 5 of the first Agreement on Finance and Property concluded between the Government of the Republic of Korea and the Government of the United States of America on September 11, 1948 (see, e.g., Supreme Court Decision 2009Da72698, Jan. 28, 2010); Article 2 subparagraph 1 of the former Act on Special Measures for the Disposal of Property Belonging to the State (Act No. 1346, May 29, 1963); and Article 5 of the Addenda of the former Act on Special Measures for the Disposal of Property Belonging to the State free of charge; thus, the property not sold by the date shall be state property from January 1, 1965.