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(영문) 서울중앙지방법원 2016.04.20 2015나5933

부당이득 등 반환청구

Text

1. All of the plaintiffs' claims extended in the appeal and the trial are dismissed.

2. After an appeal is filed.

Reasons

1. Facts of recognition;

A. G owned H land in Gyeonggi-do (hereinafter “the land before subdivision”) and I land in Gyeonggi-do (hereinafter “the land before subdivision”) in Si-Gun (hereinafter “the land before subdivision”). In case where the land before subdivision and the land before subdivision are referred to as “the land before subdivision,” “the land before subdivision,” “the land before subdivision,” was completed on December 27, 1948 with respect to 1/2 of each of the instant land before subdivision to V on November 7, 1948, and V completed the registration of transfer of ownership on April 21, 1959 with respect to 1/2 of each of the instant land before subdivision, the registration of transfer was completed on March 5, 1959.

B. From 1956 to 1956, the Sincheon Water Cooperative started construction of reservoirs in W Il-gun, Gyeonggi-do, including the land before the instant partition, and completed construction of X reservoir around 1961, and the X reservoir was registered as farmland improvement facilities around 1977.

The Dacheon Repair Association was merged with the Daian Repair Association, and the name of the Daian Repair Association was changed to the Daian Farmland Improvement Association.

As the Korea Agricultural and Rural Infrastructure Corporation established by Act No. 5759 on February 5, 199 enters into force on January 1, 200, the farmland improvement association was dissolved pursuant to Article 8 and Article 9(1) of the Addenda, the Korea Agricultural and Rural Infrastructure Corporation comprehensively succeeded to the rights and obligations of the farmland improvement association, and the Korea Agricultural and Rural Infrastructure Corporation became the defendant Korea Rural Infrastructure Corporation after changing its name.

(hereinafter referred to as the “Defendant Corporation”) is not distinguished from the Korea Development Bank, the Korea Development Bank, the Korea Development Bank, the Korea Development Bank, and the Korea Rural Community Corporation.

The land before subdivision 1 is divided into 1,349 square meters (the land indicated in paragraph (1) of the attached Table 1; hereinafter referred to as “land 1”) and 2,255 square meters (the land listed in paragraph (2) of the attached Table 2 of the attached Table 2; hereinafter referred to as “land 2”) before the Yacheon-si, Seoul, after changing the name of the administrative district, converting it into the area, and dividing land.

land before subdivision.