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1. The plaintiff's claim that is changed in exchange in the trial is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. A. The Pharmaceutical Timber Repair Cooperatives was established around September 1934, and its name was changed from the name to the Pharmaceutical Timber Improvement Cooperatives (A. 13, 1961) and the Pharmaceutical Timber Improvement Cooperatives (A. 1, 1970) was dissolved after being merged into Doldong Improvement Cooperatives established on April 9, 1973.
In accordance with the former Korea Agricultural and Rural Infrastructure Corporation and Farmland Management Corporation Act (Act No. 5759), the Korea Agricultural and Rural Infrastructure Corporation was merged into the Korea Agricultural and Rural Infrastructure Corporation on January 1, 200, and the name of the said Korea Agricultural and Rural Infrastructure Corporation was changed to the plaintiff.
B. On February 23, 1930, No. 1374, which was received on February 23, 1930, from the Daegu District Court, the registration of ownership transfer was completed in C on the ground of sale and purchase as of February 22, 1930.
C. On March 17, 1976, the land B before subdivision was divided into the land indicated in the separate sheet (hereinafter “instant land”) and the land indicated in the Gyeongdong-gun E (hereinafter “E”) 235 square meters (hereinafter “E land”). On the same day, the land category was changed to the maintenance of the land category on the register, and the registration of ownership transfer was completed in the name of the Daegu District Court on the ground of sale on December 30, 1975, as the Daegu District Court No. 2042, Daldong-gun District Court No. 2042.
C. C died on September 27, 1980, and the Defendant, the grandchildren of C inherited C by substitute, and the registration of ownership transfer was completed in the future of the Defendant on September 5, 2006 on the ground that the Daegu District Court Doldong Office received No. 21201, Sept. 5, 2006, and the donation was completed on December 6, 1989.
D Reservoirs are currently registered as agricultural infrastructure as of October 2007, and are maintained and managed by the plaintiff.
E. At present, the instant land is currently used as the site of “D reservoir”, and its land category is indicated as being changed to the “maintenance” on December 8, 194, when the land category of the instant land was originally “B”.
[Ground of recognition] Unsatisfy, Gap evidence 1 through 5, evidence 7 (including each number, hereinafter the same shall apply), 9, and 10, and Eul.