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(영문) 광주지방법원장흥지원 2019.03.13 2018가단5233

소유권이전등기

Text

1. Of each real estate listed in the separate sheet No. 2 list, the Plaintiff:

(a) With respect to the portion of 3/11 shares in the Selection B:

(b) Selected C.

Reasons

1. Basic facts

A. On December 15, 1922, the registration of ownership preservation was completed in the name of F Co., Ltd. with respect to each real estate listed in the separate sheet 2 (hereinafter “instant real estate”).

B. The registration of transfer of ownership in the name of deceased G was completed on August 8, 1961 in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 3094, hereinafter “Special Measures Act”) by the head of Gwangju District Court No. 27909 on August 31, 1981 with respect to the real estate listed in attached Form 2(1), and the registration of transfer of ownership in the name of deceased G was completed on August 31, 1981 with respect to the real estate listed in attached Form 2(2) as the receipt of No. 27911 on August 31, 1981.

C. The Defendant (Appointed) and the designated parties are the successors of the network G.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 (if available, including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

A. Since August 9, 1945, land in the name of F Co., Ltd. after F Co., Ltd. is managed by H and I, the latter, under the U.S. Military Administration, 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). According to Article 2 subparagraph 1 of the former Act on Special Measures for the Disposal of Property Belonging to the State and Article 5 of the Addenda, the property which was not sold until the end of December 1964 shall be State property free of charge.

In this case, since August 9, 1945, there is no evidence to acknowledge that the plaintiff sold the real estate of this case to a third party, the real estate of this case is owned by the plaintiff.

B. Also, ownership transfer registration under the Act on Special Measures is presumed to be a registration consistent with the substantive legal relationship.