“Tokyo’s District Court has ruled that bitcoin is ‘not subject to ownership’, with a judge informing a plaintiff he could not claim for bitcoins lost in the Mt Gox collapse. Judge Masumi Kurachi stated that, due to their intangible nature and reliance on third parties, bitcoins cannot be covered under existing law. Kurachi’s comments, reported by The Japan Times, came during a lawsuit bought against bankrupt bitcoin exchange Mt Gox by an unnamed Kyoto resident. Representing himself in court, the plaintiff had demanded repayment of 458 bitcoins, today worth $128,144, that were held in his account when the exchange shuttered last year.”
http://www.coindesk.com/tokyo-court-bitcoin-not-subject-to-ownership-2/
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