beta
(영문) 대구지방법원상주지원 2016.11.30 2016가단8939

소유권이전등기

Text

1. The defendant is based on the transfer on March 18, 1991 to the plaintiff of each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On January 21, 1962, the Seodaemun Farmland Improvement Cooperatives was established on January 21, 1962, and was merged into the Korea Agricultural and Rural Infrastructure Corporation on January 1, 200 pursuant to the former Korea Agricultural and Rural Infrastructure Corporation and Farmland Management Corporation Act (Act No. 5759), and its name was changed to “Korea Rural Community Corporation” as at present.

(hereinafter referred to as “Plaintiff,” regardless of whether it is before or after the change of name.

On March 18, 1991, the Defendant transferred each real estate reservoir on the ground of the above real estate to the Plaintiff as a titleholder of the registration of each real estate listed in the attached list.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. The assertion and judgment

A. 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16 of the former Agricultural Community Modernization Promotion Act (amended by Act No. 2199 of Jan. 12, 1970 and repealed by Act No. 5077 of Dec. 29, 1995; hereinafter referred to as the "former Agricultural Community Modernization Promotion Act"), a farmland improvement association which has completed the establishment registration under Article 15 (1) after obtaining authorization for establishment from the Minister of Agriculture and Forestry shall acquire and manage the farmland improvement facilities within its district from its installer. In this case, the State, a local government, or the Korea Agricultural Promotion Corporation which occurred with respect to the establishment of farmland improvement facilities shall comprehensively take over the rights and duties of the State, local government, or the Korea Agricultural Promotion Corporation, which provides that "public farmland improvement facilities, roads for farming purposes, and other facilities necessary for the preservation or use of farmland," and Article 2 subparagraph 1 of the same Act provides that "farmland improvement facilities, including ownership rights and duties of the State, local government, or the Korea Agricultural Community Modernization Corporation, which occurred under Article 16 of the former Agricultural Community Modernization Promotion Act.