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(영문) 대구지방법원 2011.06.17 2010가단69565

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each of the images of Gap evidence Nos. 2 through 5, evidence Nos. 8, evidence Nos. 1, 2, 6, and 7 (including the branch numbers in the case of additional numbers), and evidence Nos. 1-1 through 7.

As of August 7, 1919 with respect to the instant land No. 1, and as of February 15, 1918 with respect to the instant land No. 2, registration of ownership transfer was completed in the name of Japan as of February 15, 1918, and each registration of ownership transfer in the name of the Defendant was completed on January 16, 1993 pursuant to the former Act on Special Measures for the Disposal of Property Belonging (Act No. 1346, May 29, 1963).

B. Since around 1958, E, the Plaintiff’s mother-in, occupied each of the instant land, and thereafter, the Plaintiff occupied it through F, the husband of the Plaintiff.

2. Determination as to the cause of action

A. The Plaintiff’s assertion G purchased each of the instant lands from Japan around 1944, and around 1958, E purchased each of the instant lands from the said G and occupied each of the instant lands in peace and public performance with the intent to own the instant land, and succeeded to the possession through F to the Plaintiff. Since the acquisition by prescription of each of the instant lands was completed as of December 31, 1978 after the commencement of possession, the Defendant is obligated to implement the procedure for the registration of ownership transfer with respect to each of the instant lands to the Plaintiff.

B. (1) Article 1 Subparag. 2 of the Act of the Maritime Affairs and Fisheries of the Republic of Korea (hereinafter “Military Affairs and Fisheries Act”) provides that the ownership of property owned by Japan after August 9, 1945 belongs to the ownership of property owned by Japan after August 9, 1945.

9.25.Department 25. The military administration law provides that the military administration shall belong to the U.S. military administration, and Article 4 of the military administration law shall be punished if it is violated.