207Guhap46012 Revocation of a ruling of reversion to the State

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Investigation Committee on Pro-Japanese Collaborative Property

May 29, 2008

August 14, 2008

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

The Defendant’s decision on May 2, 2007 to the Plaintiff is revoked on May 2, 200, the PP Dong - the 50/342 of the share of the 342 m of the 342m of the east 342m of the east 129m of square meters, and the State’s decision on the reversion of X 6,446m of land to the Plaintiffs, respectively.

1. Details of the disposition;

A. On November 15, 1913, the Japanese colonial rule, X was found to have been found to have been at each of the following circumstances: (a) Namyang-dong dong - 342 meters (hereinafter “the land of this case”); (b) Dong 129 square meters prior to X (hereinafter “the land of this case”); (c) Dong x - X 6,446 square meters (hereinafter “the land of this case”) on October 15, 1917; and (d) Dong x - X 6,446 square meters (hereinafter “the land of this case”); (c) 50/342 of equity interest in the land of this case among the land of this case; and (c) 2 of this case.

B. As X died on August 25, 1919, Y, the heir of Australia, on August 4, 1932, Y: (a) as to the land of this case 1 and 2; (b) 0, Y, on December 9, 1958, was subject to the registration of ownership transfer on May 27, 197; (c) on September 20, 197, the Plaintiff, his dependent, completed the registration of ownership transfer on September 4, 197; (d) 6, registered the ownership transfer on September 1, 197, on the ground of inheritance; (e) 1/342 of the shares of the instant land; and (e) 2/196, registered the ownership transfer of the Plaintiff’s shares on September 4, 198, and (e) 3/196 of the shares of the instant land, and (e) 1/6/16, on May 16, 1966 of the instant land.

C. Pursuant to Article 19(1) of the Special Act on the Reversion of Property of Pro-Japanese Collaborative Persons (hereinafter “Special Act”), the Defendant decided to commence an investigation of each of the instant land on October 27, 2006, on the ground that X played a leading role in the conclusion of the Korea-Japan New Convention (U.S. Seven Treaty), and was appointed as the adviser of the Korea-Japan General Do governor and contributed to the merger of Korea, and constitutes pro-Japanese General Do governor, and thus, constitutes a pro-Japanese and anti-national actors who committed a pro-Japanese act. Each of the instant land constitutes a pro-Japanese property as defined in Article 2 subparag. 2 of the Special Act, and each of the instant land constitutes a pro-Japanese property as defined in Article 3(1) of the Special Act, and that the pro-Japanese property is retroactively reverted to the State at the time of acquisition as of December 29, 2005.

D. The Plaintiffs filed an administrative appeal against the instant disposition, but the Defendant Council dismissed it on September 18, 2007.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2-2-1, 2-3-1 through 3-2, Eul evidence 1-3, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The plaintiffs' assertion

The Defendant: (a) acquired the instant land No. 1 and No. 2 on November 15, 1913; and (b) on October 15, 1917, the instant land acquired on the basis of the circumstances of the third land of the instant case; and (c) on each of the instant land, it shall be presumed that the property acquired by a pro-Japanese and anti-national act person from the opening war of the Japanese War to August 15, 1945 was the property acquired in return for pro-Japanese act; and (d) on the premise that the latter part of Article 2 subparag. 2 of the Special Act (the presumption provision of this case) was used as pro-Japanese property.

However, the circumstances according to the land and forest survey project are subject to the re-verification of the existing ownership of the land and forest land in question. As such, X already acquired each of the land in this case before the above circumstances, and the above facts alone cannot be confirmed by itself, and thus, the presumption provision of this case cannot be applied to each of the land in this case. Therefore, if the presumption provision of this case is applied to each of the land in this case, X must prove that it acquired each of the land in this case from the opening of the war of Rus and the Japanese War ( February 8, 1904) to each of the above circumstances, even though the defendant is presumed to have acquired each of the land in this case without any reasonable grounds, and thus, the disposition in this case based on this premise is the above law.

In addition, the Japanese land, including each of the instant land, was inherited to the 14 years old and 00 descendants in Yangju, who had been owned by the descendants from 300 years ago, in the middle of Yangju, which had been owned by the descendants from 300 years ago. Since each of the instant land was owned by X at the time of the investigation into land and forest land, it was considered in X’s name, and thus X did not acquire each of the instant land as the friendly act.

(b) Related statutes;

It is as shown in the attached Table related Acts and subordinate statutes.

C. Determination

(1) Whether each of the instant lands is presumed as pro-Japanese property

Considering the aforementioned evidence and the various circumstances revealed in the argument of this case, it is reasonable to deem that there is no reason to exclude the original acquisition of the ownership by the circumstance in the "acquisition" under the presumption provision of this case, and therefore, the land of this case, which X, a pro-Japanese and anti-national offender of this case, was assessed as pro-Japanese property during the Japanese occupation period under Article 2 subparagraph 2 of the Special Act. Accordingly, the prior plaintiffs' assertion on a different premise is without merit.

(A) Since the 1980s, the legislative motive of the Special Act is to find out that the case where descendants of pro-Japanese and anti-national actors filed a lawsuit to recover the ownership of the land under the circumstances that the pro-Japanese actors committed against the nation against the Ga et al. during the Japanese occupation period, and the public opinion widely created that such behavior cannot be presented. The purpose of the Special Act is to realize justice by the method that the descendants of pro-Japanese and anti-national actors who cooperate in the colonial rule of Japanese colonial rule and who impraded the Korean people in return for pro-Japanese act belongs to the State at that time by devolvingizing the justice, setting up the schedule of the nation immediately, and implement the constitutional ideology of the movement on March 1, 1989, which was resistanceed to the Japanese colonial rule, and correct the past and wrong.

(B) The purport of the instant presumption provision is that the pro-Japanese and anti-national act has an opportunity to kill the nation for a long time while sacrificinging the nation during the Japanese colonial era, but it is virtually impossible to establish that the act acquired a specific pro-Japanese property in return for pro-Japanese act during the period of 60 or more years prior to the enactment of the Special Act after the lapse of a long period of 100 years prior to the enactment of the Special Act, considering the fact that it is virtually impossible, the property acquired by the pro-Japanese and anti-national act during the Japanese colonial period shall be presumed to be pro-Japanese property regardless of its legitimate title or acquisition, and the person under the circumstances of land and forests acquires the ownership of the pertinent land and forest land in the original form. Therefore, it is natural to view that the “acquisition determined by the presumption of this case” as the “acquisition of the ownership due to the circumstance in the Japanese colonial period.”

(C) The circumstance through the land survey project and forest land survey project was based on the results of the implementation of the modern registration system based on the land and forest land register, thereby creating the ownership of the modern meaning for the first time. In principle, the circumstance was conducted in accordance with new structures, such as the location, land category, and sand of land and forest land owners, and as long as there were two or more persons who assert the ownership, the circumstance was conducted in the name of the reporter when a certain period of time has not elapsed. However, at the time of the Japanese occupation occupation, there was a concern for not filing the report of ownership on the ground of anti-day appraisal or tax burden, and the situation on the land without real estate and the land with unknown ownership was achieved. Therefore, it is difficult to view that the system of the deceased was merely a procedure under which the title holder received the existing ownership of the relevant land or forest land.

(D) On October 1, 1910, X played a leading role in entering into the Korea-Japan New Convention (U.S.G.) on July 7, 1907, and was appointed as an advisor of the Korean-Japan General Doctrine on October 1, 1910, and was awarded a self-act from Japan to contribute to the merger of Korea on October 7, 1910, and was given a considerable contribution to the merger of Korea, and was given various rights and privileges in return for the pro-Japanese act after the merger, it cannot be readily concluded that the circumstances of the name X’s name on each of the instant lands after the merger of Korea-Japan were made regardless of the series of pro-Japanese and pro-Japanese acts that he had known.

(E) The plaintiffs asserted that if they include the original acquisition of the ownership based on the circumstance in the "acquisition" under the presumption provision of this case, all the property acquired by pro-Japanese and anti-national actors regardless of pro-Japanese acts among the property acquired during the Japanese occupation, shall be subject to the reversion to the State, which is in violation of the principle of excessive prohibition by seriously infringing on the property rights of descendants after pro-Japanese and anti-national actors, but the purpose of the special law and the purport of the presumption provision of this case, the descendants of pro-Japanese and anti-national actors can easily collect and keep the materials about the process of acquiring the property, and there is a high possibility that they can easily destroy the presumption under the presumption provision of this case by actively proving the opposing fact, such as the acquisition of the property for pro-Japanese and pro-Japanese property for a separate reason, not the consideration for pro-Japanese acts, and thus, it cannot be said that the presumption provision of this case violates the principle of excessive prohibition by seriously infringing the rights of descendants after the distribution of the burden of proof under the presumption provision of this case.

(2) Whether each of the lands of this case is prior to the development of the two poles

According to the statements in health stand, Gap 4 through 7, and evidence No. 8-1 through 5 as to whether the land of this case was damaged by the 14th old knives of 00 knives of 14 years old kives and 00 years old kives of 300 years old kives, the 00 kives and 00 deceased kives of 14 years old kives, 18 years old kives, 19 years old kives and 00 old kives of 0 years old kives, 20 years old kives and 20 years old kives of 20 years old kives and 8 years old kives of 19 years old kives, the 00 years old kives and 00 years old kives of 20 years old kives and 20 days old kives.

However, it is insufficient to recognize that each of the lands of this case, including each of the lands of this case, was inherited to the 1960 descendants of both 14 years old and 00 years old and that each of the lands of this case was inherited to the 21 days old and 300 years old and that each of the lands of this case was constructed on the 20th old and 1980, or that each of the lands of this case was partially located on the 20th old and old land of this case, and there is no other evidence to acknowledge this otherwise.

(3) Therefore, the instant disposition is lawful, based on the premise that each of the instant lands is presumed as pro-Japanese property pursuant to Article 2 subparagraph 2 of the Special Act.

3. Conclusion

Therefore, the plaintiffs' claim of this case is dismissed in entirety as it is without merit, and it is so decided as per the text.

For the presiding judge

Judges Coordinate -

Judges Kang Jeong-hee

Related Acts and subordinate statutes

[Special Act on the Reversion of Property Owned by Pro-Japanese and Anti-National Collaborators to the State]

Article 1 (Purpose)

The purpose of this Act is to realize justice, establish the national spirit immediately, and realize the constitutional ideology of the March 1, 200 campaign, which was resistanceed against the Japanese rule, by those who cooperate with the colonial rule of the Japanese rule, and pressure our people to revert to the State the property accumulated by pro-Japanese and anti-national acts at that time, and by protecting third parties in good faith, thereby contributing to the safety of transactions.

Article 2 (Definitions)

The definitions of terms used in this Act shall be as follows:

1. The term "pro-Japanese and anti-national actors to whom the State belongs (hereinafter referred to as "pro-Japanese and anti-national actors")" means persons falling under any of the following items:

(a) A person who commits an act under any provision of subparagraphs 6 through 9 of Article 2 of the Special Act on Finding the Truth of Anti-National Acts under the Rule of the Japanese colonial Rule (including the Sponsor and Sponsor's Sponsor's obsor's obsor's obsorance): Provided, That the foregoing shall not apply to a person determined by the pro-Japanese Anti-National Collaborators' Property Investigation Committee under Article 4 as a person who committed an act under any provision of subparagraph 9, such as a person who committed an act under any of subparagraph 9

(c) Persons who participated in the independence movement or anti-Japanese movement and their families, among those who committed pro-Japanese and anti-national acts under Article 2 of the Special Act on Finding the Truth of Anti-National Acts under the Rule of the Japanese Occupation System, according to the decision of the Investigation Committee on Property of Pro-Japanese and Anti-National Collaborators under Article 4, and who are deemed to have a serious degree of friendship, such as those who killed, injured, abused, arrested, or instructed or ordered such acts;

2. The term "property of pro-Japanese and anti-national actors (hereinafter referred to as the "property of pro-Japanese")" means the property acquired by a person committing pro-Japanese and anti-national acts in cooperation with the Japanese colonialism during the period from the opening of the Japanese War to August 15, 1945, or received as a gift with the knowledge that such property is inherited or inherited, during the period from August 15, 1945. In such cases, the property acquired by a person committing pro-Japanese and anti-national acts in return for pro-Japanese acts shall be presumed as the property acquired in return for pro-Japanese acts;

Article 3 (Reversion, etc. of Parental Property to the State)

(1) The pro-Japanese property (including property used, occupied, or managed by the State among pro-Japanese property and pro-Japanese property used, occupied, or managed by foreign embassies or staff members in accordance with international conventions, agreements, etc.) shall belong to the State at the time of an act of causing the acquisition, donation, etc.: Provided, That it shall not infringe the right acquired by a third party in good faith or by paying a reasonable price therefor.

(2) The detailed procedures for reversion of pro-Japanese property to the State and other necessary matters shall be prescribed by Presidential Decree.

Article 4 (Establishment of Investigation Committee on Property of Pro-Japanese Collaborators)

In order to deliberate on and resolve matters concerning the investigation, management, etc. of pro-Japanese property, the Industrial Investigative Committee on Materials for Pro-Japanese Acts (hereinafter referred to as the "Committee") shall be established under the President.

[Special Act on Finding the Truth of Anti-National Acts under the Japanese colonial Rule]

Article 2 (Definitions)

For the purpose of this Act, the term "friendly and anti-national acts" means acts of friendly and anti-nationalism, beginning from the opening of the war of Russ/Japan, 1945.

The term "act falling under any one of the following subparagraphs" means any act falling under any of the following subparagraphs:

1. An act of attacking or ordering an attacking against the Japanese colonialism and a military unit booming against a national sovereignty in order to protect the national sovereignty;

2. Method of forced dissolution, confinement, assault, etc. of an organization or individual that fights to recover national sovereignty;

activity that interferes with the activities of such organization or individual;

3. The punishment, abuse or arrest of, or direction on, a person who participated in the independence movement or anti-Japanese movement and his/her family members; or

order;

4. The head or executive officer of an organization organized to interfere with an independence movement, who is at the center of making decisions on the organization.

or led the activity.

5. An act impeding the independence movement or anti-Japanese movement by smuggling.

6. Entering into or signing a treaty which infringes on the national rights, such as a treaty of Korea and Japan, a merger treaty, etc., or gathering such a treaty;

7. Receiving or succeeding to a commission by the contribution of a merger between Korea and Japan;

8. Activities as a member of the meeting of Japanese Empires or as a member of the meeting;

9. Activities as an adviser or a reference to the Vice-Speaker of the Joseon General or the Vice-Speaker of the Vice-Speaker;

10. An act of actively cooperating in the war of aggression as a so-called or higher-ranking officer of the Japanese War;

11. Conduct leading in, inciting, or coercing any student volunteer soldier, soldier, or volunteer on a national scale;

F.

12. The act of forcing the mobilization of a female under the lead for the purpose of committing an offense against Japan;

13. actively lead the resistant decentralization or yellowization of the Japanese colonialism through social, cultural or cultural institutions or organizations;

Acts of actively cooperating in the colonial rule of Japanese colonialism and the war of aggression;

14. Operation of munitions manufacturers or the scale prescribed by the Presidential Decree to assist in the execution of wars by the Japanese colonialism;

Doing to pay money or other valuables under the Act;

15. Active front of the pressure, such as confinement, advisory, or abuse by a judge, prosecutor, or judicial officer of our nation who is a member of the Korean society;

Action

16. Management of Googles or higher, military police officers, or police officers, imprisonment of members of our ethnic group, such as confinement, adviser, abuse, etc.

affirmative front-out action

17. The colonial rule and aggression of Japanese colonialism as the head or executive officer of the major external group of the Japanese governing body;

Activities that actively cooperate in dispute;

18. The purpose of evading the property of the Korean people as the executive officers of central and local organizations, such as the East and East Food Service and the Food Service Bank;

The act of making a private decision centering on or leading the execution of such decision;

19. Persons who were awarded rewards or meritorious deeds in cooperation with the Japanese colonial rule and the war of aggression, and who were present on the Japanese colonial rule;

An act of significantly cooperating

20. Act of actively cooperating with the destruction of national culture and the damage to and removal of cultural heritage by Japaneseism and Japanese people;