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(영문) 대법원 1968. 12. 3. 선고 68다1867 판결
[소유권이전등기말소등][집16(3)민,259]
Main Issues

In case where the registration of ownership transfer has not been completed by August 15, 1945 for any real estate invested in kind by the Japanese person from December 29, 1943, the owner of such real estate.

Summary of Judgment

The owner of such real estate where the registration of ownership transfer has not been made at least 8.15 times on the real estate acquired in kind by the Japanese person from December 29, 1943.

[Reference Provisions]

Article 2 of the United States Armed Forces Act (Abolition) No. 33 of the United States Armed Forces Act, Article 4 of the United States Armed Forces Act (Abolition)

Plaintiff-Appellant

Korea Trucking Corporation

Defendant-Appellee

5 other than the Republic of Korea

Judgment of the lower court

Seoul High Court Decision 67Na3196 delivered on September 3, 1968, Seoul High Court Decision 67Na3196 delivered on September 3, 1968

Text

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

Reasons

Judgment on the grounds of appeal by the Plaintiff’s attorney

Even if the plaintiff company received an investment in kind from the non-party Japan at the time of the incorporation of the real estate, the plaintiff did not complete the registration of ownership transfer under the name of the plaintiff at the time of August 15, 194, according to the reasoning of the judgment of the court of first instance cited by the original judgment. Since the plaintiff filed a lawsuit only after the lapse of the prescribed period, the real estate was owned by the defendant country and it cannot be deemed that the plaintiff had ownership to the real estate, since the real estate was owned by the defendant country and the real estate was not owned by the plaintiff, the judgment of the court of first instance or the Korean government was just and without merit since it was known that the real estate was owned by the plaintiff company, while managing and operating the plaintiff company and managing it, and the judgment of the court of first instance at the time of establishment of the court of first instance was without merit, since the judgment of the court of first instance on the premise that the registration of the real estate was made under the name of the plaintiff, which was the land owner in the name of the plaintiff before August 9, 1962).

Therefore, the appeal is without merit, and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices of the Supreme Court (Presiding Justice) Kimchi-bak (Presiding Justice)

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