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(영문) 대전지방법원 2015.12.11 2015나104815
소유권말소등기
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The court's explanation as to this case is based on the reasoning of the judgment of the court of first instance, except for adding the following judgment to the corresponding part, and therefore, it is presumed that the registration of this case, which was completed on the real estate of this case, is completed through lawful procedures, and the right of the registrant is effective. The part that "the plaintiff who claims the invalidation of the registration of this case, bears the responsibility to assert and prove the grounds for invalidation." The court's explanation as to this case is consistent with the reasoning of the judgment of the court of first instance as stated in the main sentence of Article 420 of the Civil Procedure Act.

The plaintiff's assertion of additional determination is that the defendant did not obtain approval from the President by the resolution of the State Council, as prescribed in Article 4 of the former Enforcement Decree of the Act on the Disposal of Property Belonging to the State (amended by Presidential Decree No. 527), and merely did it go through the procedure for the public announcement of non-real estate under Article 8 of the State Property Act. Thus, the defendant's registration of transfer of ownership in the name of the defendant as to the land of this case cannot be presumed, and even if the real estate of this case was subject to the procedure for the public announcement of non-real estate, the defendant must prove that the real estate of this case was "non-owner" and it is difficult to recognize the presumption of the defendant's registration of this case, which was taken nationalized because the owner of the real estate

Property owned by Japan after August 9, 1945 is reverted to the Government of the Republic of Korea under Article 2 of the Act on the Disposal of Property devolved to the Government of the Republic of Korea (see Supreme Court Decision 81Da1319, Mar. 22, 1983) and the Gu under Article 2 of the Act on the Disposal of Property devolved to the Government of the Republic of Korea (see Supreme Court Decision 81Da1319, Mar. 22, 1983).

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