beta
(영문) 전주지방법원정읍지원 2016.09.27 2015가단11937

소유권이전등기

Text

1. The defendant is based on the transfer on January 12, 1970 to the plaintiff of each real estate listed in the separate sheet.

Reasons

1. Each real estate in the separate list of the cause of the claim shall be the farmland improvement facilities owned by the defendant incorporated into the reservoir completed by the armed repair association, a telegraph of the plaintiff, and the defendant shall be obligated to implement the procedure for ownership transfer registration for each of the above land to the plaintiff in accordance with relevant Acts

2. According to the main sentence of Article 16 of the former Agricultural Community Modernization Promotion Act (amended by Act No. 2199 of Jan. 12, 1970 and repealed by Article 2 of the Addenda of the Farmland Improvement Cooperatives Act (amended by Act No. 5077 of Dec. 29, 1995; hereinafter referred to as the "former Agricultural Community Modernization Promotion Act"), a farmland improvement cooperative, the establishment of which has been registered under Article 15 (1) with authorization for establishment of the Minister of Agriculture and Forestry, shall acquire and manage the farmland improvement facilities located within its district and transferred from its installer. In this case, the State, a local government, or the Korea Agriculture Promotion Corporation, which occurred with respect to the installation of farmland improvement facilities, provides that "the rights and duties of the State, a local government, or the Korea Agriculture Promotion Corporation, which occurred, shall be comprehensively succeeded." On the other hand, Article 2 subparagraph 1 of the same Act provides "farmland improvement facilities" as "public sewerage facilities".

The rights and obligations of the State, local governments, or the Korea Agricultural Development Corporation, which have occurred with respect to the installation of farmland improvement facilities that are comprehensively transferred to the relevant farmland improvement association pursuant to Article 16 of the former Agricultural Community Modernization Promotion Act, include not only pure farmland improvement facilities such as irrigation and drainage facilities, but also ownership of the site (see, e.g., Supreme Court Decision 96Da29281, Oct. 25, 1996). In this case, where the ownership of the site belongs to the State with respect to the installation of the relevant farmland improvement facilities, the relevant farmland improvement association shall naturally succeed to the farmland improvement association under Article 16 of the same Act when it is transferred from its installer, even if the State does not directly install the farmland improvement facilities.