Text
1. The part of the judgment of the court of first instance against the defendant shall be revoked.
The plaintiff's claim corresponding to its revocation is filed.
Reasons
1. On June 1, 193, the ownership transfer registration was made on June 1, 193 with respect to (i) the basic fact that was based (ii) the 2,479 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do,
Sheshe purchased the above B land from E on October 20, 1963, the Defendant completed the registration of ownership transfer for reasons of sale on October 20, 1963 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, hereinafter “former Act on Special Measures for Real Estate”).
(2) On March 10, 2001, the registration of ownership transfer was completed on March 10, 2001 with respect to 17/2,479 of the land of this case.
On November 14, 2016, the land B was divided into 271 square meters in order to divide the 271 square meters in the Yancheon-gun, Chungcheongnam-do.
[Reasons for Recognition] Facts without dispute, entry of Gap 1, 2, and 3 evidence (if available, including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. The nature of the land in this case and its owner: (i) The purport of the provision of Article 2 of the Regulation of Article 1 and Article 33 of the Regulation of the Regulation of the Regulation of the Regulation of the Regulation of the Regulation of the United States Armed Forces of the United States of America, which is subject to the allocation of interest on the property devolving upon the owner; (ii) is to prohibit the disposal of property owned by Japan under the current state of August 9, 1945, and to vest ownership in the United States of America. Thus, the phrase "after August 9, 1945" is interpreted as "from August 9, 1945, 1945," and therefore, the phrase "after August 9, 1945, 195," is interpreted as "from August 00, 1945, 200:00 a Korean person purchased real estate from Japan and completed the registration of ownership transfer in its name on August 9, 1945.
Even if the ownership is registered under the Japanese name after August 9, 1945 00:00,000, the ownership is attributed to the United States Armed Forces under subparagraph 33 of the Military Administration Act, so long as the ownership is registered under the Japanese name.
(Supreme Court en banc Decision 87Meu2176 Decided December 26, 1989).