Even though the property for which the decision of cancellation of reversion was made did not obtain the confirmation under the law No. 120, the interested parties may file a lawsuit for confirmation of the existence of the right or for payment of the property.

Even though the property for which the decision of cancellation of reversion was made did not obtain the confirmation under the law No. 120, the interested parties may file a lawsuit for confirmation of the existence of the right or for payment of the property.

Act No. 120 (Abolition) on the Confirmation of Decision of Cancellation of Reversion by Summary Litigation Procedures

Supreme Court Decision 4294Nois188 Delivered on April 4, 1962

Korea

Defendant 1 and five others

Daejeon High Court Decision 69Na1758 delivered on February 13, 1970

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

We examine the grounds of appeal by the plaintiff performer.

Even though the Minister of Justice did not take the procedure of confirmation under Article 120 of the Act on the Confirmation of Cancellation of Reversion by Summary Litigation Procedure, the interested parties can file a lawsuit for confirmation of existence or payment of rights to the subject matter, and the court shall also obtain a claim from the interested parties who have substantial ownership in accordance with the decision of this decision (Supreme Court Decision 4294No1488 delivered on April 4, 1962). According to the facts established by the court below, the subject matter of this case was registered in the name of Japan as of August 9, 1945, but the non-party 1 was registered in the same name as of July 10 of the same year, and the non-party 1 was not registered in the name of Japan as of November 8, 1948, and thus, the non-party 1 and the non-party 5's registration of cancellation of ownership shall be reverted to the non-party 15's title transfer registration under the same law as the non-party 1 and the non-party 15's title 14.

Therefore, the appeal is dismissed and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices of the Supreme Court (Presiding Judge) Park Jae-dong (Presiding Judge)