소유권이전등기말소 등
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) KRW 41,356,800 and all of them shall be repaid from November 8, 2013.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. Each of the instant lands was owned by the Plaintiff’s father B (the name of the owner on the registry of the instant land No. 2). Since then, the registration of transfer of ownership was completed on the ground of family inheritance as the receipt of No. 23480 on March 11, 201 with respect to the instant land No. 1, by the Ulsan District Court No. 23480, Aug. 27, 2012, the receipt of No. 89835 on August 27, 2012, each of the instant lands was completed on February 25, 1955.
B. Each of the instant lands is used as the site of “F reservoir” and “G reservoir” (hereinafter “instant reservoir”) which are reservoirs that supply agricultural water to Ulsan-gun, Ulsan-gun, and E farm land.
C. The Ulsan Farmland Improvement Cooperatives was entrusted with the management of the reservoir of this case by the Ulsan-gun around October 18, 1977, and possessed and managed each of the land of this case since that time.
On January 1, 200, pursuant to Article 9 of the Addenda to the Korea Agricultural and Rural Infrastructure Corporation and Farmland Management Fund Act, the Defendant succeeded to all the rights and obligations of the Ulsan Farmland Improvement Association by combining the Korea Agricultural and Rural Community Corporation, Farmland Improvement Association, and the Korea Farmland Improvement Association.
(The name of the defendant was changed to the Korea Rural Community Corporation through the Korea Rural Community Corporation and the Korea Rural Community Corporation on December 29, 2008 by the Korea Rural Community Corporation and the Farmland Fund Management Act.
Meanwhile, the fixed-term rent from February 8, 2003 to November 7, 2013 for each of the instant lands is KRW 41,356,800, and the monthly rent from November 8, 2013 is KRW 398,000, and the instant land KRW 2 is KRW 114,000.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1 through 5 (including each number, hereinafter the same shall apply), Eul evidence 1 and 2, the result of this court's entrustment of appraisal of rent to appraiser H, the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. In general, part of the land forming a reservoir is in possession of the person who owns and manages the reservoir, and Supreme Court Decision 207 July 28, 1995.