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(영문) 광주지방법원 목포지원 2018.01.31 2017가단5141
소유권이전등기말소등기
Text

1. The defendant is about the land size of 2,678 square meters for the plaintiff (designated parties) and the designated parties with respect to the land size of 2,678 square meters.

Reasons

1. Facts of recognition;

A. As to the forest land entered in the text of this case (hereinafter referred to as “the forest land in this case”), the registration of ownership transfer was completed on the ground of “trade on October 29, 1940” in the name of No. 4 on November 1, 1940.

B. The deceased E (E) died on April 5, 1994, hereinafter referred to as “E”) had the deceased’s children (the deceased on December 23, 2017; hereinafter referred to as “A”).

C. After that, on October 13, 1998, the defendant completed the registration of ownership transfer, such as the written order, on the ground that the forest of this case is reverted to the right on September 11, 1948.

On December 23, 2017, A died on December 23, 2017, the designated parties, who were born between the Plaintiff (Appointed Party) and the Plaintiff (Appointed Party), taken over the instant lawsuit.

【Plaintiffs (Appointeds and Appointeds)”

[. [In the absence of a partial dispute over the grounds for recognition, entry of Gap evidence 1 to 12, fact-finding with respect to the Franchisium F of this Court, the purport of the whole pleadings

2. Article 33 subparag. 2 of the Military Administration Act (amended by the Military Administration of the United States Army Headquarters at the time of September 25, 1945) prohibits the disposal of the land owned by Japan since August 9, 1945, and the ownership of the land belongs to the United States Armed Forces, there is no dispute between the parties.

In addition, in full view of the purport of the argument in the above evidence, E and D are as follows: (i) both names are the same as 'G; (ii) all addresses are the same as H in the previous Yong-gun of Yong-Naman; (iii) from October 29, 1940 to March 4, 194, the name of 'E' is changed to that of 'D'; and (iv) there is no person whose name is changed to that of 'D' except 'E'; and in light of this, it is reasonable to see that 'D' was changed to the Japanese name of 'D' on August 5, 1940, 1946, as the name was restored and restored in accordance with the previous Ordinance on the Restoration of Shipbuilding Name (Military Law No. 1222 on October 24, 1946).

Therefore, E is against this, D.

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