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1. The defendant is based on the restoration of the real name with respect to B 450 square meters prior to the time of leisure water to the plaintiff.
Reasons
1. According to the overall purport of Gap evidence Nos. 1 and 3 as to the cause of the claim, according to the purport of the whole statement and pleading, C is recognized as having completed the registration of ownership transfer pursuant to the former Act on Special Measures for the Registration, etc. of Real Estate Ownership (amended by Act No. 4502, Nov. 39, 1992; hereinafter referred to as the "former Act") on March 23, 1940 as to the land of this case on July 22, 1994.
In light of the following circumstances, it is reasonable to see that C, the previous owner of the instant land, is a Japan, in view of the above facts and recognized evidence, and the overall purport of the pleadings, as indicated in the evidence Nos. 10 through 14.
① Since February 11, 1940, C had been in effect, and the registration of ownership transfer was completed on March 23, 1940, C seems to be highly likely to be Japan, rather than to have been done on March 23, 1940, in view of the fact that the registration of ownership transfer was completed on March 23, 1940.
② The manual of the State property affairs published by the Ministry of Finance and Economy on February 2008 (No. 10) refers to the case of creative weather that is excluded from nationalization measures. In the case of “D”, it is not included in the case of creative weather.
(3) According to the original copy of a person who has his/her permanent domicile in Jeonnam-si E, which is the domicile of “A” as stated in the closed register (certificate No. 1), the case of creative change is not found to be “C” among them.
Therefore, since the defendant purchased the land of this case, which is the property belonging to the defendant, from Japan, which is a non-entitled person, the registration in the name of the defendant is the registration invalidation of the cause. The defendant is liable to implement the registration procedure for transfer of ownership due to the restoration of real name
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