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(영문) 인천지방법원 2020.08.19 2019나68636
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except for the following “2. order”, and thus, it is acceptable in accordance with the main sentence of Article 420

2. Paragraph 3 of the judgment of the court of first instance in the same part is reversed as follows.

A person shall be appointed.

A. 1) According to the provisions of Articles 2, 3, and 4 of the case concerning the acquisition of property rights in Japan located in Chosun (Article 33 of the Act on December 6, 1945), and Articles 5 of the first Agreement on Finance and Property between the Government of the Republic of Korea and the Government of the United States of America, and Articles 4, 34, and 40 of the Act on the Disposal of Property Belonging to the State of the United States of America, which are owned by the Government of Japan or Japan after August 9, 1945 and were owned by the Government of the United States of America or Japan as of August 9, 1945 and were transferred the rights in the Republic of Korea as of September 11, 1948, and the possessor merely was in the status of the custodian, and thus has no authority to dispose of the property devolving to the State. It is null and void even if the disposal was made.

Therefore, even in a case where a possessor who asserts the prescriptive acquisition knowingly purchased it and starts possession to a private person with the knowledge that it is a property devolving upon the private person without the right to dispose of it, it shall be deemed that the presumption of possession with

(B) According to Article 2 subparagraph 1 of the former Act on Special Measures for the Disposal of Property Belonging to the State (Act No. 1346 of May 29, 1963) and Article 5 of the Addenda, “property, the sales contract of which has not been concluded by the end of December 1964, shall be State-owned without compensation,” the property devolving upon the State as from January 1, 1965, which is not sold by the end of December 1965, becomes State-owned property and thereafter possess it with its intention (see, e.g., Supreme Court Decision 96Da51875, Mar. 28, 1997).

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