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(영문) 대구고등법원 2016.01.07 2015나22336
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. The facts following the facts of recognition do not conflict between the parties, or can be acknowledged in full view of the entries in Gap evidence 1 to 10 (if there are serial numbers, including the whole of them; hereinafter the same shall apply) and the whole purport of the pleadings:

① On March 14, 1942, 1942, a pair of repair associations was established under the Decree of the Shipbuilding Repair Association (Ordinance No. 2 of July 28, 1917). On August 28, 1948, the name was changed to a pair of repair associations. A merger was made with the Busan Repair Association on December 13, 1961.

② The name of the Gyeongsan Water Cooperative was changed to the Gyeongsan Land Improvement Association pursuant to paragraph (6) of the Addenda to the former Land Improvement Project Act (amended by Act No. 948 of Dec. 31, 1961 and repealed by Act No. 2199 of Jan. 12, 1970), and the former Agricultural Community Modernization Promotion Act (amended by Act No. 2199 of Jan. 12, 1970; Act No. 2 of the Addenda to the Farmland Improvement Association Act enacted by Act No. 5077 of Dec. 29, 195; hereinafter referred to as the “Agricultural Community Modernization Promotion Act”).

The Gyeongsan Farmland Improvement Cooperatives (Law No. 5759, Feb. 5, 199) dissolved after the enforcement of the former Agricultural and Rural Infrastructure Corporation and Farmland Management Fund Act, and the Plaintiff established on January 1, 200 succeeded to the rights and obligations of the Gyeongsan Farmland Improvement Association under Article 9 of the same Act by universal title.

The Plaintiff was originally named as “Korea Agricultural and Rural Community Corporation,” but the name was changed to “Korea Agricultural and Rural Community Corporation” pursuant to Article 3 of the Addenda of the former Korea Agricultural and Rural Community Corporation and Farmland Management Fund Act (Act No. 7775 of Dec. 29, 2005) and changed to “Korea Agricultural and Rural Community Corporation” pursuant to Article 3 of the Addenda of the former Korea Rural Community Corporation and Farmland Management Fund Act (Act No. 9276 of Dec. 29, 2008).

B. From around 1938, the term “serious mountainous district” was established by the Defendant from around 1938 as a project proprietor and implemented a building project, and around March 14, 1942, the said project was transferred and around 1944.

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