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(영문) 대구지방법원서부지원 2019.08.22 2017가단53801
소유권이전등기
Text

1. Defendant B, C, E, F, and G are each of the Defendant’s shares in the attached Form No. 522 square meters for the Plaintiff to maintain the H of the Gyeongbuk-gun, Chungcheongnam-do.

Reasons

1. Determination as to the claim against Defendant A and D

A. On May 30, 1935, the registration of ownership transfer was completed in I’s name with respect to the area of 522 square meters for the maintenance of H 522 square meters (hereinafter “instant land”).

(2) On March 31, 1987, the elderly group registered K reservoir in the JJ of the elderly group of North Korea as farmland improvement facilities. On November 6, 1989, the elderly farmland improvement association transferred the above K reservoir and other repair facilities to the above K reservoir.

(3) On January 1, 200, an elderly farmland improvement association was merged into the Korea Agricultural and Rural Infrastructure Corporation. 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 was changed to the Plaintiff.

[Grounds for recognition] The descriptions of evidence Nos. 1, 2, 5, 6, 7, 8, 9, and the purport of the whole pleadings

B. On July 1, 1958, the Plaintiff asserted that the elderly group purchased neighboring land including this case’s land for the repair safety of the fire fighting field in the elderly group, and completed the construction of K reservoir on December 31, 1959.

Since then, the elderly farmland improvement association, which is the overall transfer of the plaintiff, comprehensively succeeded to the rights and obligations of the land of this case from the elderly group, and even until now, the plaintiff occupies the land of this case in a peaceful manner with the intention of ownership for

Therefore, the Defendants, who have succeeded to the land of this case according to each of the corresponding inheritance shares of each of the Defendant in the separate shares calculation sheet in the attached Form, finally after the I, the owner of the land of this case, died on February 26, 1974, are liable to implement the procedure for ownership transfer registration for the completion of the prescriptive acquisition on May 2, 2017, the date of filing the lawsuit of this case.

(c) Part of land generally constituting a reservoir is in possession of the person who owns and manages the reservoir;

In other words, the standard of whether certain land falls under part of the site that constitutes a reservoir, and whether the person who owns and manages the reservoir is in possession of the reservoir is normal.

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