1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

On September 27, 1976, the registration of ownership transfer was made from C on the ground of sale with respect to the area of 6,793 square meters (hereinafter “the instant real estate”) for the maintenance B in Chang-gun, Chang-gun, North Korea on September 27, 1976.

On August 25, 1981, the real estate of this case was sold in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate ( enacted by Act No. 3094 on December 31, 197, effective December 31, 1984; hereinafter referred to as the "Special Measures Act") and transferred the ownership registration from the Plaintiff to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence No. 1 (including additional number), and the purport and main claim of the entire pleadings, the defendant argued that the defendant completed the registration of ownership transfer in accordance with the Act on Special Measures without any notification or compensation to the plaintiff registered as the owner in the register of the real estate of this case.

Therefore, the transfer of ownership should be cancelled because it has been completed without any legal basis.

Judgment

Even if a person who has completed registration pursuant to the Act on Special Measures recognizes that the cause of acquisition stated in a letter of guarantee or written confirmation is different from the fact, if that person asserts that he/she has acquired his/her right according to another cause of acquisition, it is clear that the registration pursuant to the Act on Special Measures cannot be completed in the assertion itself as the case where the date of the cause of acquisition is not applicable to the Act on Special Measures is the same

Unless there are special circumstances, such as where it is obvious that it is a dead tool, the presumption power of registration completed pursuant to the Act on Special Measures cannot be deemed to be broken solely on the above grounds, barring any special circumstances, such as where it is itself, and the presumption power of registration must be broken to the extent that it is doubtful to suspect that the fact that a new assertion was made by other data is not true.

Supreme Court Decision 200Da71388, 71395 Decided November 22, 2001 (merged)