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(영문) 광주지방법원목포지원 2016.06.01 2015가단51829
소유권말소등기
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. On January 12, 1949, the Plaintiff was adopted to the deceased B [C] on February 1940, 1940, which was the Japanese colonial rule, and B died on November 28, 1950 without having any other child other than the Plaintiff.

B. B purchased the instant land from D on August 10, 1945, and completed the registration of ownership transfer in its name, and Korea has occupied the instant land after completing the registration of ownership transfer due to the reversion of the right as of March 20, 1961, on the instant land as of September 25, 1945.

C. The Defendant completed the registration of ownership transfer for the instant land on February 10, 1988 due to sale on December 31, 1987, and possessed the instant land until the date of closing the argument of the instant case.

[Grounds for Recognition] Unsatisfy, or described in Gap evidence 1 and 2 (including each number), the purport of the whole pleadings

2. Article 33 subparag. 2 of the Military Affairs Act (amended by the Presidential Decree of the United States Army Headquarters at the time of September 25, 1945) provides that "the ownership of the land owned by Japan after August 9, 1945 shall be reverted to the United States Armed Forces." There is no dispute between the parties, and the parties concerned, as well as the fact-finding of the evidence Nos. 3 through 5, and the fact-finding and the whole purport of the arguments, comprehensively taking into account the fact-finding of the cause of the claim, the fact-finding of the instant land sold to B on August 10, 1945 and the fact-finding of the Republic of Korea E et al. (hereinafter referred to as "E").

such fact may be recognized.

According to the above facts, the land of this case was owned by E, who is not a Japanese, at the time of August 9, 1945, and B legitimately purchased the land of this case from E, the Gun administration and the Republic of Korea shall transfer the land of this case from the Gun administration pursuant to Article 33(2) of the Gun Affairs Act and Article 5 of the Initial Convention on Finance and Property between the Government of the Republic of Korea and the United States of America, and manage it in accordance with the Gun administration Act.

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