Determination of purchase of requisitioned property and time of acquisition of ownership by the State;

Upon receipt of a decision to purchase requisitioned property of the Minister of National Defense, the State shall acquire the ownership of the purchased land pursuant to Article 187 of the Civil Act, regardless of whether it passed the registration of ownership transfer for the purchased land, so the person subject to requisition shall not claim the ownership

Article 6 of the Act on Special Measures for Readjustment of Requisitioned Property

Supreme Court Decision 78Da842 Delivered on September 12, 1978

Plaintiff

Republic of Korea Litigation Performers and Three others

Seoul Central District Court Decision 80Na583 delivered on January 14, 1981

The judgment of the court below is reversed and the case is remanded to the Seoul Civil Procedure District Court Panel Division.

The grounds of appeal are examined.

According to the plaintiff's statement in the hearing of the court of first instance, 3,436 of the 3,834 of the land of this case (12,674 square meters of the total size as a unit change) is the purport that the country used requisition as a net paper to pay for the payment of the purchase compensation securities and cash.

If the Minister of National Defense has decided to lawfully purchase any requisitioned land pursuant to Articles 1 through 6, 12, and 13 of the Act on Special Measures for the Adjustment of Requisitioned Property, the State shall acquire its ownership pursuant to Article 187 of the Civil Act regardless of whether the land purchased has been registered through the registration of ownership transfer (see Supreme Court Decision 78Da842 delivered on September 12, 1978). Therefore, the part of the requisitioned land purchased by a party member can not claim its ownership.

However, the court below did not conduct any examination as to this point and found that there was an error of law by misunderstanding the legal principles as to the property purchased through requisition, thereby failing to exhaust all necessary deliberations. Thus, the court below is justified in this regard.

Therefore, the judgment of the court below is reversed and remanded to the court below. It is so decided as per Disposition.

Justices Jeong Tae-won (Presiding Justice)