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(영문) 창원지방법원마산지원 2017.09.21 2016가단106769
소유권이전등기
Text

1. The defendant is based on the restoration of the true name with respect to B 837 square meters in Jinju-si.

Reasons

1. Determination as to the cause of claim

A. 1) The facts of recognition are as follows: B prior to Jinju-si, B 837 square meters (hereinafter “instant real estate”).

(2) On February 19, 194, the Defendant purchased the instant real estate from C in the name of Japan (the spouse of the Defendant) on February 19, 194, and obtained a certification of E, F, and G with the content that the Defendant received the gift from D, and obtained a confirmation from the Jinju market based on it, and completed the registration of ownership preservation (hereinafter “the instant registration of ownership preservation”) in the future of the Defendant on August 18, 2006 based on the Act on Special Measures for the Registration, etc. of Transfer of Ownership of the former Real Estate (Act No. 7500, May 26, 2005).

3) However, the above E and G are not well aware of the ownership relationship of the above real estate, such as whether D purchased the pertinent real estate from D. However, since the Defendant had set up a farmer's death in the instant real estate from the fleet, and thus, it was ordered to set up a guarantee upon the Defendant's request. [The grounds for recognition] There is no dispute, and the evidence Nos. 1 through 8 (if there is a serial number, including each number, witness E and testimony, and the purport of the entire pleadings.

B. 1) According to the above facts, since it is recognized that the letter of guarantee and the certificate which served as the basis for the preservation of ownership in this case were falsely prepared, the presumption ability of the preservation of ownership in this case was broken. 2) Meanwhile, the real estate in this case was owned by Japan around August 9, 1945, and there is no evidence to prove that the sales contract was concluded by the end of December 1964, Article 33 of the Re-U.S. Army Headquarters Act, Article 5 of the first Agreement on Finance and Property between the Republic of Korea and the United States of America, Article 2 of the former Act on Special Measures for the Disposal of Property Belonging to Ownership, Article 2 subparagraph 1 of the former Act on Special Measures for the Disposal of Property Belonging to the United States (Act No. 1346, May 29, 1963) and Article 5 of the Addenda.

3. Accordingly,.

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