1.For the Plaintiff, for each real estate listed in Schedule 1 and 2, the Defendant A, and the Defendant B, for entry in Schedule 3.

1. Basic facts

A. The land which was completed the registration of ownership transfer on July 20, 1923 is that Japan, had completed the registration of ownership transfer on July 20, 1923.

B. Defendant A completed the registration of ownership transfer on the land prior to the subdivision of this case on February 22, 1994 on October 3, 1981.

C. On November 11, 1994, the land prior to the instant subdivision was divided into the land indicated in C, 540 square meters, and the land indicated in paragraph (3) of the attached Table No. 3 (hereinafter “instant land”). The said land was re-divided into each land listed in [Attachment No. 1 and paragraph (2) of the attached Table No. 1 and 2 (hereinafter “instant land”) on August 17, 2018.

The defendant A sold the third land of this case to E on December 9, 1994 and completed the registration of ownership transfer on December 10, 1994.

After the death of E, F acquired the ownership solely from the inheritor on March 23, 2010, and F sold it to Defendant B and completed the registration of ownership transfer on November 7, 2016.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Determination

A. According to the relevant legal principles, Article 5 of the first Agreement on Finance and Property between the Republic of Korea and the United States of America, and Articles 4, 34, and 40 of the Act on the Disposal of Property Belonging to the State, Japan, etc. since August 9, 1945, property existing in the jurisdiction of the Government, Japan, etc. of the United States of America was owned by the Government, Japan, etc. of the United States of America as of September 25, 1945, and was transferred to the Republic of Korea as of September 11, 1948 and the possessor was merely in the position of the simple custodian, and thus, is null and void even if there was no right to dispose of the property devolving to the State.

(see, e.g., Supreme Court Decision 99Da36778, Jun. 9, 2000). Transfer registration under the Act on Special Measures for Transfer of Real Estate Ownership is presumed to be registration that conforms to the substantive legal relationship.