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(영문) 광주지방법원 2017.01.13 2016나54229

소유권이전등기

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Korea Rural Community Corporation was established pursuant to Article 2 of the Addenda of the former Agricultural Community Modernization Promotion Act (amended by Act No. 2199, Jan. 12, 1970 and repealed by Act No. 5077, Dec. 29, 1995; hereinafter referred to as the “former Agricultural Community Modernization Promotion Act”) and dissolved upon the establishment of the Plaintiff pursuant to the former Agricultural Infrastructure Corporation and Farmland Management Fund (amended by Act No. 5759, Feb. 5, 1999; Jan. 1, 2000), and the Plaintiff was dissolved pursuant to Article 9 of the Addenda of the same Act.

At the time of the establishment of the name, the Plaintiff was the “Korea Agricultural and Rural Community Corporation” under Article 3 of the Addenda of the former Korea Agricultural and Rural Community Corporation and Farmland Management Fund Act (amended by Act No. 7775 of Dec. 29, 2005). However, according to Article 3 of the Addenda of the former Korea Rural Community Corporation and Farmland Management Fund (amended by Act No. 9276 of Dec. 29, 2008), the name was changed to “Korea Rural Community Corporation”

B. Each real estate listed in the separate sheet (hereinafter referred to as “each of the instant real estate”) is a site for each reservoir listed in the same list installed by the Defendant (hereinafter referred to as “each of the instant reservoirs”) and the Defendant completed the registration of ownership transfer for each of the instant real estate between 1974 and 1985 on grounds of land expropriation, consultation on public land acquisition, etc.

C. On June 23, 1987, the defendant transferred the management of each reservoir of this case to the Maritime Farmland Improvement Association.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-5, the purport of the whole pleadings

2. Determination

A. According to the main sentence of Article 16 of the former Agricultural Community Modernization Promotion Act, a farmland improvement cooperative which has completed the registration of incorporation under Article 15(1) with the authorization of the Minister of Agriculture and Forestry as to the cause of the claim.