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(영문) 의정부지방법원 2018.11.02 2017가단8968
수로철거 등
Text

1. The plaintiff succeeding intervenor's claim is dismissed.

2. The costs of lawsuit shall be borne by the intervenor succeeding to the plaintiff.

Reasons

1. Basic facts

A. On May 14, 1964, the deceased on May 14, 1964, E, 1/6, 3/6, 3/6, and 2/6, 2/6, 2/6, and 393, G, South, were jointly succeeded to the HW of Gyeonggi-do 2/6, and sold it to the Republic of Korea (Ministry of National Defense) on December 22, 1973, and completed the registration of ownership transfer on December 24, 1973.

B. On April 18, 1975, the Kocheon Farmland Improvement Association obtained authorization from the Minister of Agriculture and Forestry to implement farmland improvement projects under the former Agricultural Community Modernization Promotion Act, and divided C, 252 square meters (hereinafter “the land before the instant subdivision”). In this regard, on February 25, 1975, E, F, and G received 37,800 won as the purchase price for the land before the instant subdivision from the Hancheon Farmland Improvement Association (No. 2-2; hereinafter “the receipt of this case”).

C. Around that time, Pocheon Farmland Improvement Cooperatives established a waterway on the land prior to the instant subdivision, but laid the waterway (hereinafter “instant waterway”) under the ground and maintained it up to now.

[The Korea Agricultural and Rural Infrastructure Corporation was established on January 1, 200 pursuant to the former Agricultural and Rural Infrastructure Corporation and Farmland Management Fund Act (Act No. 5759, Feb. 5, 199) and the Korea Agricultural and Rural Infrastructure Corporation was dissolved pursuant to Article 8 and Article 9(1) of the Addenda of the same Act and succeeded to the rights and obligations of the Korea Agricultural and Rural Infrastructure Corporation comprehensively. Thereafter, the Korea Agricultural and Rural Infrastructure Corporation was changed to the Korea Agricultural and Rural Community Corporation on December 29, 2005, and the Korea Agricultural and Rural Community Corporation was changed to the name of the defendant on December 29, 2008, respectively; hereinafter referred to as the "Defendant" without distinguishing between the Korea Agricultural Infrastructure Corporation and the defendant.

After that, the instant land prior to the instant partition has become a C ditch 827 square meters (hereinafter “instant land”) and a J ditch 6 square meters based on the area conversion, division, etc.

E. Around November 23, 2001, F entered into a provisional sales contract with the Plaintiff and the Intervenor succeeding to the Plaintiff regarding the instant land, etc.

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