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(영문) 대구지방법원 2017.11.14 2016가단132212
소유권이전등기
Text

1. The Plaintiff, among the land size of 283 square meters in the Cheongdo-gun C cemetery, Cheongdo-gun, and Defendant A with respect to the share of 184/283, and Defendant B with respect to the share of 99/293.

Reasons

1. Basic facts

A. On January 10, 1919, the 1,994 square meters of the D Cemetery D, Cheongdo-gun, Cheongdo-gun (hereinafter “the real estate before the instant subdivision”) was divided into F land on June 15, 1994; F on the same day, was subject to registration conversion into G. G land on November 23, 1995; H land was divided into H land on August 11, 1997; I land was divided into land on January 15, 200; J land was divided into land on January 15, 201; and J land was divided into land on January 15, 2001 and changed into land category from September 30, 2003.

(hereinafter “Real Estate after the instant division”). B.

On the other hand, L, the representative of K company, completed the registration of ownership transfer on June 24, 1993 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate on October 25, 1959 on the ground that L, the real estate of this case was purchased from E on October 25, 1959, and completed the registration of ownership transfer for one-half of the above real estate on the ground that it was donated to K company on July 16, 1993.

C. On March 2, 2001, the instant real estate division transferred all co-owners’ shares to L. Of them, 283/283 of shares transferred to M on March 15, 2001, and some of L shares (33/283) transferred to M on May 30, 2006 to M. The remaining L shares (184/283) were transferred to Defendant A on January 29, 2009 due to the donation, and the entire M shares (9/283) were transferred to Defendant B on September 3, 2010.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. Determination as to the purport of the claim

A. The property owned by Japan at the time of the occurrence of the relevant legal doctrine is confiscated on September 25, 1945 by the "case concerning the acquisition of property rights, which is a Japanese person, located in the Chondong (Law No. 33, Dec. 6, 1945)" and the U.S. military administration.

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