beta
(영문) 대구지방법원서부지원 2016.08.18 2014가단27351

소유권이전등기

Text

1. The Defendants are individually indicated in the attached form of final inheritance shares among the area of 754 square meters that is maintained in Gyeongbuk-gun, Youngbuk-do.

Reasons

1. Basic facts

A. The elderly farmland improvement association was merged into the Korea Agricultural and Rural Infrastructure Corporation on January 1, 200, and thereafter the name of the Korea Agricultural and Rural Community Corporation was changed to the Korea Agricultural and Rural Community Corporation, and the Korea Agricultural and Rural Community Corporation to the plaintiff.

B. On July 4, 194, an old-gun started to construct a reservoir for the purpose of supplying agricultural water to the land located in Jri-ri-ri Special Self-Governing Province, the old-gun started on December 31, 194, and completed and occupied and managed it on December 31, 1945. On May 198, an old-gun transferred the rights and obligations to the above K reservoir to the above K reservoir by the Farmland Improvement Association Act, which is the overall transfer of the plaintiff under the Farmland Improvement Association Act. The elderly Farmland Improvement Association received the above facilities and comprehensively took over the rights and obligations arising from the above facilities and the land, and thereafter the plaintiff occupies and manages the K reservoir until now.

C. The deceased L on March 2, 1940 completed the registration of ownership transfer of the deceased L on March 2, 1940. On September 4, 1980, the Defendants inherited each of the relevant inheritance shares listed in the attached Form’s final inheritance shares.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5 (if there is a satisfy number, including branch numbers; hereinafter the same shall apply), Gap evidence 6, and the purport of the whole pleadings

2.In general, part of land forming a reservoir is in possession of a person who owns and manages the reservoir;

In the event that possession has been succeeded in succession in order with respect to the acquisition by prescription (see, e.g., Supreme Court Decision 95Da2074, Jul. 28, 1995), a person who seeks the completion of the period of prescription may assert only one possession of himself/herself, or both his/her own possession and possession. If a person who has registered his/her title to the registration is continuously identical during the period of prescription, it would be sufficient to deem the starting point of starting the period as at the time when the person can assert the completion of the period of prescription between him/her and the former possessor, and thus, it would be sufficient that the former possessor’