logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 1968. 9. 24. 선고 68다1183 판결
[부당이득금반환][집16(3)민,048]
Main Issues

Cases that can not be presumed that the registration of transfer of ownership of real estate was passed through a final and conclusive judgment by a suit prior to the period of release under Article 7 of the United States Armed Forces Ordinance.

Summary of Judgment

If the real estate owned by Japan as of August 9, 1945 is a trust of November 16, 1948 under the name of the non-party company, the registration shall not be presumed to have passed through the final judgment of the court by filing a suit prior to the discharge period (48.8.31) under Article 7 of the Military Court Ordinance.

[Reference Provisions]

Article 7 of the Decree of the Ministry of Maritime Affairs and Fisheries

Plaintiff-Appellant

Plaintiff

Defendant-Appellee

Defendant 1 and four others

Judgment of the lower court

Daejeon District Court Decision 67Na245 delivered on May 24, 1968

Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

Reasons

Judgment on each of the grounds of appeal by the Plaintiff’s attorney

As of August 9, 1945, with respect to the land of this case, which was registered as four Japanese co-ownership, the court below held that the transfer registration of ownership in the future of the Geum River Industrial Co., Ltd., was completed on July 4, 1950, the time when social order was confused immediately after the incident occurred. The reason for registration was determined on July 28, 1948 under Article 7 of the Decree No. 1948, Nov. 16, 1948. The registration of the ownership transfer of the above Geum River Industrial Co., Ltd., Ltd., which was registered as the truster of the land of this case, was not established on the ground that the ownership transfer registration in the name of the above non-party Co., Ltd., Ltd. was not established on the ground that the ownership transfer registration in the name of the above non-party Co., Ltd., Ltd., which was established on the land of this case, was not established on the grounds that the ownership transfer registration in the name of the above non-party Co., Ltd., Ltd., Ltd., which was legitimately established on the ownership transfer registration.

Therefore, the appeal shall be dismissed by the assent of all participating judges, and the costs of the appeal shall be borne by the losing party and it is so decided as per Disposition.

Justices of the Supreme Court (Presiding Judge) Kim Young-chul (Presiding Judge)

arrow