Gangwon-do Confucian School Foundation (Attorney Hong Ho-hun, Counsel for the plaintiff-appellant)

Republic of Korea (Attorney Lee Jae-soo, Counsel for defendant)

September 8, 2015

Chuncheon District Court Decision 2014Ra203256 Decided May 27, 2015

1. Revocation of a judgment of the first instance;

2. The defendant shall implement the registration procedure for transfer of ownership based on the restoration of real estate in the separate sheet to the plaintiff as to each real estate in the separate sheet.

3. All costs of the lawsuit shall be borne by the defendant.

1. Purport of claim

(a) The primary claim is as described in paragraph (2) of this Article; and

B. Preliminary Claim: It is confirmed that the Plaintiff was not liable to pay indemnity to the Defendant with respect to the use of the real estate listed in the separate sheet (the Plaintiff added the conjunctive claim at the trial).

2. Purport of appeal

It is as set out in paragraphs 1, 2, and 1 of this Decree.

1. Basic facts

The court's explanation on this part is the same as the statement in Paragraph 1 of the judgment of the court of first instance, and therefore, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and judgment (as to the main claim)

A. Summary of the parties' assertion

1) Plaintiff

The instant real estate corresponds to the “ Confucian School Property” stipulated in the U.S.A. military law No. 194 (hereinafter “194 statutes”), and became part of the fundamental property of the Plaintiff Foundation established pursuant to Article 4 of the 194 statutes. Nevertheless, the registration of preservation of ownership in the name of the Defendant was completed with respect to the instant real estate. Therefore, the Defendant is obliged to implement the registration procedure for ownership transfer based on the restoration of real name to the Plaintiff, the real owner.

2) Defendant

Inasmuch as the instant real estate was assessed under the name of the State at the time of Japanese occupation, it does not belong to the Confucian Schools, a non-corporate foundation, and thus does not constitute “ Confucian School Property” under the Act and subordinate statutes No. 194. Therefore, it cannot be deemed that the instant real estate belonged to the fundamental property of the Plaintiff Foundation pursuant to the Act and subordinate statutes No. 194, and thus, the Plaintiff’s claim of this case cannot be accepted.

B. Determination

1) Facts of recognition

A) In 1398, Joseon Dynasty established a franchisium as a national university at the central level of the 1398, established a franchisium as a national school at each of the national territories, and the franchisium and the franchisium were also one of the franchis schools established as above. The franchisium and the franchisium performed the educational function and functions of the franchisium. Among them, the franchisium of the franchisium

B) The land research division, which was investigated and prepared by the Land Survey Division of the Joseon-gun of the Republic of Korea and the Provisional Land Survey Bureau, is indicated as being the land ( Address 5, 6, 7, 8, 9 omitted), which was the property of three Confucian Schools other than the instant real estate, (hereinafter “the adjoining real estate of this case”) as being the property of the Samwon-gun, which was the property of the said three Confucian Schools.

C) Article 1 of the Regulations on the Management of Property of Confucian Schools enacted on June 29, 1920 by the Ordinance of the Ministry of Government Administration and Home Affairs and enforced on the same day, which was the Japanese colonial rule of 1920. Article 1 of the Regulations on the Management of Property of Confucian Schools provides that “The property of Confucian Schools shall be managed by father, Kun, and Do,” and Article 4 provides that “the income from the property of Confucian Schools shall be used for the expenses of funeral and other edification.” In addition, Article 1(1) of the Regulations on the Local Graveyards enacted on the Ordinance of the Ministry of Government Administration and Home Affairs (amended by Ordinance No. 110 of the Ministry of Joseon General shall be subject to the supervision of the Do governor (hereinafter referred to as “reficial funeral”) and Article 2 provides that “one person and one employee shall be assigned to the property of Confucian General among the

D) Article 2 of the United States Armed Forces Act, enacted after the Sea of the Republic of Korea, Article 33 of the Act on August 9, 1945, provides that “The ownership of gold, silver, currency, securities, or other kinds of property and other revenues existing in the jurisdiction of the Republic of Korea and/or the State of the Republic of Korea and/or the State of the Republic of Korea and/or the State of the State of the Republic of Korea and/or the State of the State of the Republic of Korea, the Government of the Republic of Korea, the Government of the Republic of Korea, the Government of the Republic of Korea, the Government of the Republic of Korea, the Government of the Republic of Korea, any entity, the Association, any other entity of the State, or the State of the State of the State of the Republic of Korea and any other organization

D) The Act No. 194 of May 17, 194 was promulgated on May 17, 194, and its main contents are as follows.

The purpose of this Decree is to ensure the effective and proper operation of Confucian school property in Article 2, the title of the title of the title of the title of the title of the title of the Confucian school. Article 3, of the title of the title of the property created for the maintenance and management of the Confucian school, the title of the property created for the Confucian school, the title of the property of the Confucian school does not mean all acts concerning the sale, transfer, exchange, security, and other disposal of the property. Article 4, of the title of the Confucian school property, the title of the foundation by Do. The title of the title of the property of the Confucian school, such as land and buildings, shall be fundamental property. The title of the title of the property of the Confucian school shall be the same property of the foundation. Article 5, the title of the title of the title of the Confucian school shall be maintained, and the title of the property of the Confucian school shall be established with the purpose of promoting the education and other educational development of the culture. The title of the title of the title of the Confucian school foundation shall be the property of the Do.

E) On September 11, 1948, the property owned by the United States Armed Forces was comprehensively transferred to the Republic of Korea pursuant to Article 5 of the Initial Agreement on Finance and Property between the United States and the United States of America concluded between the Republic of Korea and the United States

F) As to the fact-finding of the first instance court, the sexual sculbian presented that “I would recover the properties of the Confucian Schools that have been reverted to the Government by Japanese colonial rule, that is, the Confucian Schools, which were public-owned by Japanese colonial rule, had been returned to the Confucian Forest as the principal agent of the activities of the Confucian Schools, and that the result of such efforts was the law No. 194. Since then, in the situation where the Japanese colonial rule did not regard the Confucian School as the principal agent of the activities of the Confucian Schools, the sexual sculbium or the Confucian School was unable to recover as a national school, but the Confucian School Property Act was established in order to maintain the spirit of funeral by maintaining the relics and preserve cultural properties.” The Japanese colonial rule is different from the Japanese colonial rule, and in a form different from the Japanese colonial rule, it was born in a non-state form.”

[Ground of recognition] A without any dispute, entry of Gap evidence 1, 2, 3, and 10, video of Gap evidence 11 (including Serial number), the purport of whole pleadings

2) The legislative purport of No. 194

⑤ Considering that Japan’s Japanese occupation and arguments as well as the overall purport of Japanese occupation and practice, the Japanese occupation and practice of education and funeral services were deemed to have been owned by the State. ② In light of the Japanese occupation and the functions of the Confucian Schools in charge of Japanese occupation and funeral services, it appears that the Japanese occupation and state constitutes the Confucian Schools’s property within the meaning of Article 2 of the 194 Acts and subordinate statutes. ② Since the Japanese occupation and state of occupation and state of occupation, the Japanese occupation and state of occupation and state of occupation and state of occupation and occupation, the Japanese occupation and state of occupation and state of occupation and state of occupation and state of occupation and the occupation and state of occupation and state of occupation and the occupation and state of occupation and state of occupation and state of occupation and state of occupation and the occupation and state of occupation and state of occupation and state of the Japanese occupation and state of occupation and state of occupation and state of occupation and state of occupation and state of occupation and state of occupation and state of occupation and state of occupation and state of occupation and state of the Confucian Schools, the Japanese occupation and state of occupation and state.

Ultimately, since the real estate of this case was reverted to the Plaintiff’s fundamental property pursuant to Article 4 of the law No. 194, the Defendant is obligated to implement the procedure for ownership transfer registration for the real estate of this case to the Plaintiff, the owner of the above real estate.

3. Conclusion

Therefore, the plaintiff's primary claim should be accepted for the reason that it is reasonable, and since the judgment of the court of first instance is unfair for the conclusion, the plaintiff's appeal is accepted, and it is revoked, and it is so decided as per Disposition by ordering the execution of the above procedure for ownership transfer registration.

[Attachment]

Judges Jinjin-su (Presiding Judge)