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(영문) 창원지방법원 밀양지원 2018.05.09 2017가단13412
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 18, 1932, Japan, C acquired ownership of the said 113 square meters (the land category was changed to a site on April 20, 1958, and the area was converted to 374 square meters on December 29, 197; hereinafter “instant land”).

B. D Co., Ltd. (hereinafter “D”) completed the registration of ownership transfer on the instant land on July 20, 1943 due to the trust act as of June 1, 1943.

C. On August 31, 1981, the Defendant completed the registration of ownership transfer (hereinafter “the registration of ownership transfer”) due to sale in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 3094).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion and determination are the property of Japan, and if the sales contract was not concluded by December 31, 1964, it shall be reverted to the property devolving upon the State as stipulated in Article 2 of the Act on the Disposal of Property Belonging to the State.

However, since the Plaintiff did not sell the instant land to the Defendant or a third party in accordance with the procedure prescribed by the Act on the Disposal of Property Belonging to Ownership, the registration of ownership transfer in this case is invalid.

Therefore, the Defendant, as the owner of the instant land, is obligated to implement the registration procedure for ownership transfer based on the restoration of the real name with respect to the instant land.

B. According to Article 2 of the Act on the Disposal of Property Belonging to Ownership, a profit-making corporation or a cooperative, which was established in Korea prior to August 9, 1945 and whose shares or equities belonged to an institution, a citizen, or an organization in Japan, shall be deemed to have reverted to the shares or equities. In such a case, only the shares or equities belong to the corporation and the property owned by the corporation shall be excluded from the property devolving upon ownership (see, e.g., Supreme Court Decision 96Da48350, Apr. 24, 1998).

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