beta
(영문) 대구지방법원서부지원 2015.07.22 2014가단37501

소유권이전등기

Text

1. The Defendant is based on the completion of the acquisition by prescription on July 5, 2015, with respect to the area of 988 square meters in Gyeongbuk-gun, Chungcheongnam-do.

Reasons

1. Basic facts

A. On January 1, 2000, an elderly farmland improvement association was merged into the Korea Agricultural and Rural Infrastructure Corporation. Since then, on December 29, 2005, the name of the Korea Agricultural and Rural Infrastructure Corporation was changed to the Korea Agricultural and Rural Community Corporation. On December 29, 2008, the name of the Plaintiff was changed to the name of the Plaintiff.

B. On June 14, 194, the elderly group commenced the construction work of the reservoir for the purpose of supplying agricultural water to the land located in the Jeju metropolitan Do, the elderly group, and completed it on December 31, 1945, and occupied and managed it. On November 6, 1989, pursuant to Article 103 (1) of the former Agricultural Community Modernization Promotion Act (Act No. 4118), the elderly farmland improvement association transferred the reservoir above E to the elderly farmland improvement association, the plaintiff's telegraph, pursuant to Article 103 (1) of the former Agricultural Community Modernization Promotion Act (Act No. 4118), the elderly farmland improvement association acquired the above facilities and comprehensively succeeded to the rights and obligations arising from the above facilities and the land, and thereafter the plaintiff occupies and manages the

C. The land of this case was owned by F. G on September 9, 1959, and G succeeded to the ownership on March 10, 1993 on the ground of “trade on March 8, 1993.” The Defendant purchased this on July 1, 1995 and purchased it on the same month.

5. The registration of the transfer of ownership is completed by the elderly registry office of the Daegu District Court as the 13510.

【Fact-finding without any dispute over the ground for recognition】 The evidence No. 1 through 6, the evidence No. 10, the statement No. 1 and No. 2, the statement No. 7, the evidence No. 8, the evidence No. 11, the evidence No. 12, and the purport of the whole pleadings

2. Part of the land which constitutes a reservoir generally in determination of the cause of the claim is in possession of the owner and manager of the reservoir.

In full view of the overall purport of the images and arguments of evidence Nos. 95Da2074 delivered on July 28, 1995, Gap evidence Nos. 7, 8, 11, and 12, the land of this case is the land located within the full water level of the E reservoir from around 1945 when the elderly group completed this and under the plaintiff's management.