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(영문) 대구지방법원 상주지원 2018.01.10 2017가단6688
소유권이전등기
Text

1. The defendant is based on the transfer on May 7, 1979 with respect to each real estate listed in the separate sheet to the plaintiff.

Reasons

1. Basic facts

A. According to Article 9 of the Addenda to the Korea Agricultural and Rural Community Corporation and Farmland Management Fund Act (No. 5759, Feb. 5, 1999), the rights and obligations of the resident farmland improvement cooperative were comprehensively succeeded to the Korea Agricultural and Rural Community Corporation. The name of the Korea Agricultural and Rural Community Corporation and Farmland Management Fund (No. 7775, Dec. 29, 2005) was changed pursuant to Article 3 of the Addenda to the Korea Agricultural and Rural Community Corporation and Farmland Management Fund (No. 9276, Dec. 29, 2008).

B. Residential cities established a reservoir in Mansan from 1944 to 1945, and each real estate listed in the separate sheet (hereinafter collectively referred to as the “instant real estate”) is the site of Mansan reservoir.

C. On May 7, 1979, the permanent farmland improvement association transferred the reservoir and related facilities to the Universal Farmland Improvement Association. D.

On July 5, 2013, the number of real estate in the separate sheet No. 1, 2013, the number of real estate in the separate sheet No. 1, 1041 square meters in Mansan-dong, 479 at the permanent address

In the case of a resident who is the Defendant-owned, the land was 738-5 square meters in Mansan-dong, 38197 square meters from May 3, 2012 to 366 square meters in Mansan-dong, 738-6 square meters in the case of a resident in the division. The land above 738-6 square meters was 3,4, and real estate in the separate sheet on July 5, 2013.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1 or 6, the purport of the whole pleadings

2. Determination

A. According to the main sentence of Article 16 of the former Agricultural Community Modernization Promotion Act (amended by Act No. 2199, Jan. 12, 1970; repealed by Act No. 5077, Dec. 29, 1995), a farmland improvement cooperative which has completed the registration of establishment under Article 15(1) with the approval of the Minister of Agriculture and Forestry’s establishment, shall acquire and manage the farmland improvement facilities within its business territory and transferred from the installer. In this case, the rights and duties of the State, local governments, or the Korea Agricultural Promotion Corporation that have occurred with respect to the installation of farmland improvement facilities shall be comprehensively taken over by the partnership.

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