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(영문) 대법원 1960. 1. 21. 선고 4292민상350 판결
[토지인도][집8민,008]
Main Issues

(a) Reversion to the State and registration thereof;

(b) Reversion of a corporation's property under Article 2 (3) of the Act on Property Disposal for Reversion;

Summary of Judgment

(a) for-profit corporations, organizations, and other entities established in Korea prior to August 9, 1945 and for which shares or equities belonged to an institution, national, or organization of Japan, their legal personality is considered to have been reverted to that institution, organization, or other State, and therefore the legal personality still remains identical, and therefore the property owned by the legal entity does not belong to the State;

B. Since the property to be reverted to the State under the Act on the Disposal of Property Belonging to the State is an original acquisition by law, it can be asserted against a third party even if the property was not registered through the registration.

[Reference Provisions]

Article 2 (3) of the Act on the Disposal of Property Belonging to Jurisdiction

Plaintiff-Appellee

55 5 5 5 14

Defendant-Appellant

Korea Bocheon District Corporation

Judgment of the lower court

The first instance court's net support, Gwangju High Court's Decision 58 Civil Code420 delivered on March 13, 1959

Reasons

Since the property belonging to the State under the Act on the Disposal of Property for Reversion is an original acquisition of real estate by the law, it can be asserted against a third party even if the registration was not passed through the above, and according to Article 2 (3) of the same Act, if shares or equities were established in Korea before August 9, 1945 and were owned by the Japanese government, or for profit-making corporations or associations which were owned by such organizations, their shares or equities belong to the State, the legal personality still remains consistent and therefore, the property owned by the same law shall not belong to the State, even if it was purchased from the owner who was the Republic of Korea before August 9, 1945, and even if the registration was not passed through the transfer registration of ownership, it cannot be asserted against the owner who acquired the property for 3rd year without the need to obtain the transfer registration of ownership from the former owner of the property for 4rd year because the registration of the change in the ownership of the land purchased from the former Korean government without the need to belong to the original owner of the property for 4th day before that date.

Justices Kim Du-so (Presiding Justice)

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