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1. The Defendant’s KRW 138,700,000 as well as 5% per annum from July 13, 2018 to November 22, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 1, 1942, No. 4123 received on September 1, 1942, as to the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “the land No. 1”) and No. 465 (hereinafter “the land No. 2”), Nonparty C’s ownership transfer registration was completed on March 10, 1942.
B. On the premise that the above C is a Japanese person, the Defendant considered the land Nos. 1 and 2 of this case where the ownership transfer registration in the above C was completed as the reverted property to the State on December 31, 1993, and completed the ownership transfer registration for the land No. 1 of this case as the receipt No. 53843, Oct. 2, 1995; as the receipt of No. 53842, Oct. 2, 1995; as to the land No. 2 of this case, the ownership transfer registration for the land No. 2 of this case was completed on September 11, 194, respectively (hereinafter “each transfer registration of this case”).
C. However, the land of this case Nos. 1 and 2 was originally owned by Nonparty D, upon marriage with Nonparty D around 1941, by being donated from her natives. At the time of March 10, 1942, the registration of ownership transfer was completed in the name of “C” with the name of “F,” where the above E was a creative name in the Japanese colonial era.
Nonparty H, I, J, K, and L (hereinafter “Nonindicted D”), the inheritor of Nonparty D, filed a lawsuit against the Defendant seeking the cancellation, etc. of each ownership transfer registration of this case against the Defendant (hereinafter “instant lawsuit”) by asserting that each of the instant registrations in the name of the Defendant was invalid registration of the cause thereof, and confirmed on March 26, 198 that “the share of 4/14 of each of the instant lands Nos. 1 and 2 is owned by Nonparty H, J, K, and 14, respectively.
The defendant completed on October 2, 1995 the Suwon District Court Pyeongtaek-si Registry of the Suwon District Court with respect to the land No. 1 in this case by Nonparty H, I, J, K, and L, and each transfer of ownership registration completed on October 2, 1995 by the receipt of No. 53842 of the same registry office with respect to the land No. 2 in this case.