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(영문) 광주지방법원 2015.09.16 2015나51742
소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2. The defendant on January 30, 200, as to the size of 155 square meters in Gwangju Mine-gu B, Gwangju, the plaintiff.

Reasons

1. Basic facts

A. From April 14, 1924, the land of this case was owned by the “C” from around 14, 1924. Since the Property Investigation Committee on Pro-Japanese Collaborative Property was Japan on June 11, 2010, the said land refers to the property reverted to the Government of the Republic of Korea in accordance with Article 2 of the Act on the Disposal of Property Belonging to Ownership, Article 2 of the Act on the Disposal of Property Belonging to Ownership, because it is Japan on June 11, 2010.

Provided, That farmland shall be dealt with separately by the Farmland Reform Act.

All property located in the water welfare premises north 38 degrees north latitude and owned directly, indirectly or indirectly, or by an organization organized or controlled by Japan as of August 9, 4278 in the short-term period of time shall be treated as property devolving upon the property referred to in the preceding paragraph and subject to this Act.

With respect to a profit-making corporation or other association, which was established in Korea prior to August 9, 1958, and whose shares or equities belonged to a Japanese institution, its national or other organization, the shares or equities shall be deemed to have been reverted to it.

With respect to an incorporated foundation or incorporated association which was established in Korea prior to August 9, 4278 in a short term and for which the right to exercise director or employee was attributed to a Japanese institution, its national or organization, the right to exercise director or employee right shall also be deemed to have been reverted.

A decision was made to confirm that the land is the property devolving upon the State, and the defendant completed the registration of ownership transfer on October 21, 201 due to the reversion of rights on September 11, 1948.

B. The Plaintiff, together with his family members, resided in a building on the ground of 413 square meters adjacent to the land in Gwangju Mine-gu, Gwangju (hereinafter “Adjoining land”), and around 1965, resided in the instant land and its ground building (the building C resided therein).

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