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(영문) 서울고등법원 2014.01.08 2011누503
친일재산확인결정처분취소
Text

1. Revocation of a judgment of the first instance;

2. All of the claims filed by the Plaintiff are dismissed.

3. All costs of the lawsuit are assessed against the Plaintiff.

Reasons

1. Details of disposition;

A. The Plaintiff’s lighting net B (C-L on August 6, 1957) from 2. to 12. Ab. on April 6, 1913, the annexed Table 2. to 13 of Real Estate (hereinafter “A Q land”) and the same list around September 29, 1917.

1. The Plaintiff acquired the land (hereinafter “AR land”) under the circumstances, including AR land and Q land, and acquired it from B, and the Plaintiff inherited the instant land from B, and completed the registration of transfer of ownership in the name of the Plaintiff on January 15, 1963, and on October 31, 1989 and April 30, 199, transferred AR land to S on May 10, 206 and Q Q land to S on May 18, 2006.

B. The Investigation Committee on Pro-Japanese Collaborative Property (hereinafter “the Committee”). The Defendant succeeded to the authority related to the instant disposition upon the expiration of the period of its activities on July 12, 2010, following an investigation into whether the instant land falls under the property of pro-Japanese and anti-national actors (hereinafter “the former Special Act”) stipulated in subparagraph 2 of Article 2 of the former Special Act on the Reversion of Property of Pro-Japanese and Anti-National Collaborative Acts (amended by Act No. 10646, May 19, 201; hereinafter “former Special Act”) (hereinafter “the former Special Act”) and conducted a determination on September 25, 2009 as to whether it constitutes “the property of pro-Japanese and anti-National Collaborative Acts” (hereinafter “the former Special Act”) and Article 2 subparag. 16 of the former Special Act on the Finding No. 94, which is the property acquired on September 22, 2012.

(hereinafter “instant disposition”).

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