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(영문) 창원지방법원 밀양지원 2018.02.06 2017가단10932
소유권이전등기
Text

1. The defendant is based on the plaintiff's restoration of the authentic title with respect to each land listed in the attached list.

Reasons

Facts of recognition

Attached Form

According to the land cadastre of each of the lands listed in the list (hereinafter “each of the instant lands”), “B” (B; hereinafter referred to as “B”) is indicated as acquiring ownership on June 1, 1927 with respect to each of the instant lands.

Under the former Act on Special Measures for the Registration, etc. of Transfer of Real Estate Ownership (Act No. 3562 of Apr. 3, 1952, invalidation) for each land of this case, the father of the defendant completed the registration of transfer of ownership on May 14, 1984 and the land indicated in paragraph 2 of the attached Table No. 2 on July 22, 1984 as to each land of this case as indicated in paragraph 1 of the attached Table among each land of this case due to sale on March 5, 1970.

C on July 25, 2014, the Defendant donated each of the instant land to the Defendant and completed the registration of ownership transfer.

【The grounds for recognition” under the provisions of subparagraphs A and 2 (including each number; hereinafter the same shall apply) and the provisions of Articles 5, 4, 34, and 40 of the first Agreement on the Treasury and Property between the Republic of Korea and the United States of America, and the ownership of the Government and Japan, etc. after August 9, 1945, of property existing within the jurisdiction of the United States of America and the United States of America were transferred to the Republic of Korea as of September 11, 1948, and the possessor was merely in the status of the custodian, and thus is invalid even if he did not have the authority to dispose of the property belonging to the Republic of Korea.

(See Supreme Court Decision 9Da36778 delivered on June 9, 200, etc.). Although ownership transfer registration under the Act on Special Measures is presumed to be a registration consistent with the substantive legal relationship, the registration of ownership transfer is deemed to have been based on the succession of ownership from the former registration titleholder, and a letter of guarantee and a written confirmation are also the guarantee or confirmation of the fact of succession acquisition.

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