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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The land research division, which was investigated and prepared by the Korea-U.S. General Government and the Korea-U.S. Temporary Land Survey Division, is indicated as being determined by the State’s investigation division at KRW 450 (hereinafter “land prior to division”).
B. Meanwhile, each of the real estate listed in the separate sheet is used as a lot of land, such as Taeyang Confucian School, which was successively divided from the land before division, or as a road thereof. As to the real estate listed in the separate sheet No. 1 on September 18, 1979, the Defendant completed each of the real estate listed in the separate sheet No. 2 and Paragraph 3 on July 11, 1986.
(hereinafter referred to as “instant real estate” in the attached list). [Grounds for recognition] without dispute, Gap 1-3, 10, 11 (including virtual numbers), the purport of the entire pleadings.
2. Both claims and judgment
A. (1) It is reasonable to view that both parties’ assertion (1) the Plaintiff’s submission of the Plaintiff’s assertion was withdrawn in respect of the acquisition by prescription of possession on December 3, 2014 as indicated in the preparatory documents.
(See the Plaintiff’s agent’s statement on the fourth statutory date for pleading). The instant real estate constitutes “ Confucian school property” as referred to in Article 194 of the Military Affairs Act (hereinafter “Acts and subordinate statutes”), which became part of the fundamental property of the Plaintiff Foundation established pursuant to Article 4 of the Act and subordinate statutes of 194.
Nevertheless, since the registration of preservation of ownership in the name of the defendant has been completed with respect to the real estate of this case, the defendant is obligated to implement the registration procedure for transfer of ownership based on the restoration of real name.
(2) The Defendant’s assertion that the instant real estate was considered under the name of the State at the time of Japanese occupation, and did not belong to the ownership of the Confucian Schools, which is the foundation of Samyang-gun, a non-corporate foundation, and thus does not constitute a “ Confucian School Property” as referred to in the law of 194.
Therefore, the instant real estate is subject to the law of 194, the Plaintiff Foundation.