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(영문) 대전지방법원홍성지원 2017.08.08 2017가단1752
소유권말소등기
Text

1. The defendant shall accept on December 15, 2006, the head of the Daejeon District Court and the head of the port registry office of the Daejeon District Court with respect to the land size of 962 square meters prior to Seocheon-gun, Chungcheongnam-gun.

Reasons

1. Basic facts

A. On March 1, 1943, the head of the Daejeon District Court, the Port Registry, and the 1412 of the Daejeon District Court (hereinafter referred to as “D”) filed a registration of transfer of ownership in the name of “D” due to the purchase and sale as of February 9, 1948. Thereafter, the said forest was subject to registration of transfer on December 1, 1960 to 962 square meters (hereinafter referred to as “instant land”). B. The Defendant deemed the said “D” as the owner on the register of the instant land as a Japanese person and completed the registration of transfer of ownership on the instant land pursuant to the Daejeon District Court, the head of the District Court, the registry office, and the head of the Daejeon District Court, the registration office, and the head of the competent224 on December 15, 2006 under the Act on the Disposal of Property Belonginged to the Republic of Korea (hereinafter referred to as “instant ownership transfer”).

C. On the other hand, the Plaintiff’s father-E was named as “D” during the Japanese occupation period, and restored to E on December 24, 1946, according to the Joseon Name Restoration Order.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiff's assertion 1) The "D" recorded as the owner in the copy of the register on the land of this case as the plaintiff's assertion is the father E of the plaintiff who opened the land at the time. Therefore, although the land of this case does not fall under the vested property, the defendant is obligated to implement the procedure for the cancellation of the ownership transfer registration of this case. 2) Since the "D" recorded as the owner in the copy of the register on the land of this case is a Japan, the registration of the ownership transfer of this case is duly made in accordance with the Act on the Disposal of Property Belonging to Which the ownership belongs, etc. (B) in order to claim the ownership of the land of this case by the plaintiff, according to the purport of Article 103 of the Military Court Act and the Ordinance of the Ministry of Maritime Affairs as of April 17, 1948 and July 28, 1948.

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