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(영문) 대구지방법원서부지원 2015.11.05 2014가단37488

소유권이전등기

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1. The Defendants are each inheritance shares indicated in the attached Form No. 60 square meters of inheritance calculation sheet among the 60 square meters of Gyeongbuk-gun’s Maintenance E in Gyeonggi-do.

Reasons

1. Basic facts

A. On January 1, 200, the elderly farmland improvement cooperative was merged with the Korea Agricultural and Rural Infrastructure Corporation on January 1, 200, and the name of the Korea Agricultural and Rural Infrastructure Corporation was changed to the Korea Agricultural and Rural Community Corporation on December 29, 2005, and the name of the Plaintiff Korea Rural Community Corporation on December 29, 2008.

B. On October 22, 1914, F completed the registration of initial ownership relating to the 60 square meters for the maintenance of the Dong-gun, Chungcheongnam-do (hereinafter “instant land”).

C. On December 31, 1945, the Gyeongbuk-gun established the land in this case and nine adjacent lands as the site for the reed and constructed the H reservoir. The Gyeongbuk-gun constructed the land as the site for reed and constructed the H reservoir.

Under Article 103 (1) of the former Agricultural Community Modernization Promotion Act (amended by Act No. 4823 of Dec. 22, 1994), an elderly group transferred the rights and obligations to H reservoir to the Elderly Farmland Improvement Association on November 1, 1989, and thereafter the said association occupied and managed H reservoir.

E. F deceased on October 20, 1951, and I succeeded to Australia, and thereafter I died on June 30, 1985, and the Defendants inherited the land in this case with the share of inheritance indicated in the separate shares of inheritance.

[Ground of Recognition] Defendant A, D: The absence of dispute, each entry in Gap evidence 1 through 8 (including a branch number), the purport of the whole pleadings, Defendant B, and C: The assertion of confession under Article 150(3) of the Civil Procedure Act

2. According to the above facts, the elderly farmland improvement association has occupied the land of this case since the time when the H reservoir was constructed, and the period of possession exceeded 20 years since December 31, 1965 asserted by the plaintiff as the time of the completion of the prescriptive acquisition, and it is presumed that the possession of the above association was made in peace and public performance with the intention of possession. Thus, barring any special circumstance, the plaintiff who comprehensively succeeded to the rights and obligations of the above association was acquired by prescription on December 31, 1965.

As to this, Defendant A did not have any data (receipt) that the Plaintiff purchased the instant land, and thus, Defendant A occupied the Plaintiff.