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(영문) 부산고등법원(창원) 2017.12.07 2017나20923
소유권이전등기
Text

1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Defendant.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the dismissal or addition as follows, and therefore, it is citing it as it is by the main sentence of Article 420 of the Civil Procedure Act.

2. The phrase "each entry in evidence Nos. 10, 11, 25, 32 through 35 of the first instance court's evidence No. 10 "No. 10, 11, 25, 32 through 35 of the first instance court's evidence No. 10" of the 8th 12 of the first instance court's "No. 32 through 35 of the third 12 of the third 12 "Agricultural infrastructure" of the third 12 of the first instance court's "No. 10, 11, 25, 32 through 35 of the second 10 of the first instance court's judgment"

3. In addition, Article 165 (1) of the former Agricultural Community Modernization Promotion Act provides that "in case the Minister of Agriculture and Fisheries deems it necessary to abolish all or part of the site for a road, irrigation irrigation channel, drainage channel, ditch, reservoir or river, which is a state-owned land due to the implementation of a farmland improvement project, he may concede such state-owned land to a farmland improvement project operator without compensation under the conditions as prescribed by the Presidential Decree, notwithstanding the provisions of the State Properties Act and the Road Act: Provided, That in a case where he intends to transfer a river site, he shall consult with the Minister of Construction and Transportation: Provided, That in a case where he intends to transfer a river site, he shall consult with the Minister of Construction and Transportation; and in a case where a farmland improvement project operator intends to transfer a new road, irrigation channel, drainage channel, ditch, reservoir, river site, etc. which is to substitute for the purpose of the transfer without compensation under the preceding paragraph, he may donate it to the State without compensation; in light of the approval of a plan for development of idle reclaimed land and the decision of gratuitous transfer;

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