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(영문) 광주지방법원목포지원 2017.11.08 2016가단55576
소유권이전등기
Text

1. The Defendants shall restore their respective authentic names with respect to one-half of each share of the 364m2 in the 364m2 in Jeonnam-gun, Jeonnam-gun.

Reasons

1. Facts of recognition;

A. The registration of ownership transfer was completed on April 1, 1943 with respect to the land listed in the Disposition No. 1 (hereinafter referred to as the "land of this case"), and on March 30, 1943 in the name of Japan D as the cause for registration. The Defendants completed the registration of ownership transfer in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, Jan. 21, 1990, hereinafter referred to as the "Special Measures Act") on November 13, 2007.

C. The Defendants’ above B.

The letter of guarantee submitted by the Defendant to the new head of the Gun to complete the registration of ownership transfer under the Act on Special Measures for the instant land, such as the statement in Paragraph (1) stated that “the Defendant purchased the instant land from E on January 21, 1990,” and F, G, and H respectively signed and sealed as the guarantor.

(hereinafter referred to as the "certificate of guarantee of this case"). 【No dispute over a part of the guarantee of this case' exists, Gap's statements in subparagraphs 1 through 6, witness G's testimony, the purport of the whole pleadings.

2. Determination as to the cause of action

A. According to the relevant legal principles, Article 5 of the first Agreement on Finance and Property between the Republic of Korea and the United States of America, and Articles 4, 34, and 40 of the Act on the Disposal of Property Belonging to the State, Japan, etc. since August 9, 1945, the property existing in the jurisdiction of the United States of America was owned by the Government, Japan, etc. from September 25, 1945, and was transferred to the Republic of Korea as of September 11, 1948, and the possessor was merely in the position of a simple custodian, and thus, is null and void even if there was no right to dispose of the property devolving to the State.

(See Supreme Court Decision 9Da36778 delivered on June 9, 2000, etc.). B.

Judgment

1. In light of the following circumstances, the aforementioned legal doctrine and the overall purport of the evidence duly admitted, the instant land is examined.

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