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(영문) 대법원 1969. 9. 23. 선고 69다902 판결
[소유권이전등기말소][집17(3)민,101]
Main Issues

(a) No real ownership has been made to persons of Japan as of August 9, 1945: Provided, That real estate in the name of Japanese ownership only due to the registration injury and real estate and military statutes No. 33;

B. Article 2 of the Military Administration Act is not in violation of the Constitution.

Summary of Judgment

(a) No real ownership has been made to persons of Japan as of August 9, 1945: Provided, That real estate in the name of Japanese ownership only due to the registration injury and real estate and military statutes No. 33;

B. Article 2 of the Military Administration Act is not in violation of the Constitution.

[Reference Provisions]

Article 2 of the Military Enforcement Decree No. 33 (Abolition), Article 20 of the Constitution

Plaintiff-Appellee

Korea

Defendant-Appellant

The Foundation shall maintain the pre-issuance and Maintenance Foundation of the U.S. Supervisory Board

Judgment of the lower court

Seoul High Court Decision 68Na2709 delivered on April 30, 1969, Seoul High Court Decision 68Na2709 delivered on April 30, 1969

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

Defendant 1’s ground of appeal No. 1

The facts acknowledged by the court below are as follows. In other words, as of August 9, 1945, the title of this site is registered in the name of "non-party 1" which is a Japanese citizen on the register. The food service corporation for non-party 1 completed the registration of ownership transfer on September 8, 1945 on the ground that the non-party 2, a co-defendant 2 in the first instance court, purchased it from the above construction work, and the defendant purchased it from the above non-party 2.

Therefore, the court below determined that since the above facts are stated in the name of Japanese people as of August 9, 1945 in the above registry, since the ownership was attributed to the Ministry of Government Administration and Home Affairs under Article 2 Item 3 of the military law, and that the ownership was devolved to the Government of the Republic of Korea under the first agreement on finance and property concluded thereafter, it cannot be viewed as just as the purport of the previous precedents, and even if it was stipulated that the real estate was acquired as of September 25, 1945 under Article 2 of the US military law, it cannot be said that there was an error of law in the above determination, and that the court below did not have any error of finding that the real estate was in violation of the above 1943-11 Japan's law, and that the above decision of the court below did not belong to the Minister's property rights since it was a sale of the real estate to the above Japanese people as of August 9, 1945, the court below did not have any factual ownership in the name of the owner.

Therefore, it is so decided as per Disposition with the assent of all participating judges.

The judges of the Supreme Court (Presiding Judge)

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