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(영문) 창원지방법원밀양지원 2020.09.08 2019가단14228
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On June 18, 1932, Japan acquired the ownership of CJ 96 square meters (the area was converted into 317 square meters on December 29, 197; hereinafter “instant land”) and DJ 9 square meters (the area was converted into 327 square meters on December 29, 197; hereinafter “instant land”).

B. F Co., Ltd. (hereinafter “F”) completed the registration of ownership transfer on July 20, 1943 concerning the land Nos. 1 and 2 by reason of the trust act of June 1, 1943.

C. G on August 31, 1981, pursuant to the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate (Act No. 3094, Dec. 31, 1977; hereinafter “Special Measures Act”), G completed the registration of ownership transfer on the land of this case due to sale as of July 6, 1970, and H completed the registration of ownership transfer on the land of this case as of the land of this case as of September 30, 1969 in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”).

After that, Defendant A completed the registration of ownership transfer for the land of this case on April 18, 1995, based on the sale as of April 15, 1995, and Defendant B completed the registration of ownership transfer for the land of this case on June 12, 2002, based on the sale as of June 11, 2002.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, and 8 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the relevant legal principles, Article 5 of the first Agreement on Finance and Property between the Republic of Korea and the United States of America, and Articles 4, 34, and 40 of the Act on the Disposal of Property Belonging to the State, Japan, etc. since August 9, 1945, the property existing within the jurisdiction of the Government, Japan, etc. of the United States of America was transferred to the Republic of Korea as of September 11, 1948, and the possessor was merely a mere custodian.

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