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)