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(영문) 수원지방법원 2017.07.13 2016가단536189
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The forest survey report prepared during the Japanese occupation occupation period is written with regard to B forest land No. 34909 square meters (hereinafter “the forest of this case”) as the owner of C, in terms of harmony.

B. The forest land of this case is registered in the state-owned forest register, state-owned forest register, and state-owned forest register made after the embankment, and the owner's column is written D.

C. In the blank column on the instant forest land of this case, e.g., “E acquisition and sale to G located in F on March 14, 1964” is written as follows:

H completed registration of preservation of ownership of the forest of this case under its own name based on the Act on Special Measures for the Registration of Transfer of Forest Ownership, which was enforced at the time of July 10, 1971 (No. 211).

After that, on April 11, 1995, the defendant completed the registration of ownership transfer based on inheritance by consultation and division on January 29, 1993 with respect to the forest of this case, and reached the present.

[Ground of recognition] Evidence No. 1, Evidence No. 2-1, Evidence No. 2-2, and Evidence No. 3, each fact-finding with the Director of the National Archives of this Court, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff asserted that the forest land entered in the state-owned forest ledger as property devolving on August 9, 1945 shall be deemed to be owned by Japan as of August 9, 194, and the property owned by Japan as of the time of the piracy shall be forfeited on September 25, 1945 (No. 33 of the U.S. military administration statute No. 33 of December 6, 1945) and the property not sold until December 31, 1964 (Act No. 1346 of May 29, 1963) pursuant to the Act on Special Measures for the Disposal of Property Belongings (Act No. 1346 of May 29, 1963) belongs to the state-owned property of D, Japan, as the property of this case at the time of the piracy, and there was no distribution or disposal thereof.

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