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(영문) 대구지방법원 2018.04.26 2017나312375

소유권이전등기

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. After obtaining authorization on February 6, 1931, the Geum River Improvement Cooperatives changed the name into Geum River Improvement Cooperatives on December 13, 1961, and Geum River Improvement Cooperatives on January 12, 1970, and Geum River Improvement Cooperatives on April 9, 1973, and the name of the Geum River Improvement Cooperatives was changed into the name of the Young River Improvement Association on April 13, 1973. < Amended by Act No. 2533, Apr. 13, 1973>

The Youngcheon Farmland Improvement Association was merged with the Korea Agricultural Infrastructure Corporation on January 1, 2000, and the name of the Korea Agricultural Infrastructure Corporation was changed to the Korea Agricultural Infrastructure Corporation on December 29, 2005 and the name of the plaintiff as of December 29, 2008.

B. On December 16, 1911, S was subject to the assessment of the Rancheon-si 473 square meters (1,564 square meters). On July 28, 1922, the said land was divided into the said land into the 238 square meters in Yongcheon-si 238 square meters and Q Q 1,326 square meters.

After that, on July 30, 1924, the land category of Qu 1,326 square meters was changed to “maintenance”.

(hereinafter referred to as “Tcheon-si Q Land” is the instant land. C.

On the other hand, on March 30, 1981, Tcheon-si 238 square meters was divided into 150 square meters and U 88 square meters in Yong-si around March 30, 1981. The 150 square meters in Yong-si Tcheon-si 150 square meters was closed by the division arrangement on March 30, 1981.

S died on January 9, 1922, and the defendants succeeded to the land of this case through AA (Death on November 5, 1978) that succeeded to S as the principal, as shown in the attached Table 2.

E. At present, the instant land is currently used as the site of “X reservoir” and is possessed and managed by the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap's statements and images (including numbers; hereinafter the same shall apply) of Gap's evidence 1 to 4, 7, 9, and 10, the purport of the whole pleadings

2. The main point of the Plaintiff’s assertion was about 1943, which was the Japanese colonial rule, the Japanese colonial rule, promoted the small pond creation and installation project as part of the second emergency water supply source expansion project, and even around 5, 70 out of the purchase price under the supervision of V around January 31, 1943 for the purpose of using the land in the maintenance of the instant land.