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(영문) 대구지방법원의성지원 2016.11.23 2016가단10041
소유권이전등기
Text

1. The defendant (appointed party) and the designated parties shall be attached to the plaintiff among the real estate listed in the attached list.

Reasons

1. Facts of recognition;

A. B purchased real estate listed in the separate sheet (hereinafter “instant land”) on June 7, 1936 and completed the registration of ownership transfer on December 7, 1936.

B. Around December 1945, 1945, the Gyeong-gun established a D reservoir in Gyeong-do, Sung-do as part of the second emergency water supply source expansion project implemented by the Joseon General Department around 1943. The land of this case was transferred to the site and its land category was changed on June 20, 1958.

C. The plaintiff transferred the above reservoir to Sung-gun in around 1998, and continues to manage it until now.

On the other hand, upon the death of May 20, 1978, B succeeded to the property of E, F, Defendant (Appointed Party) and Appointor G, H, I, J, and K, on December 12, 1989, the F succeeded to the property of the designated person who is the spouse, L, son M, N, and the designated person who is the spouse. On August 31, 2014, E deceased on August 31, 2014, the Defendant (Appointed Party) and the designated person inherited or inherited the property by inheritance or inheritance by proxy.

The shares of the Defendant (Appointed Party) and the designated parties in the inheritance are as shown in the attached Form 1.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1-7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. Since the 2nd Emergency Expansion Facilities Project implemented by the Joseon General Government around 1943, which was conducted by the Joseon General, was a small field establishment project implemented nationwide by the Joseon General Government to purchase the land on the river and subsidize necessary expenses, if the small field construction was conducted under the military’s supervision with the subsidies from the General Government as part of the above project, it would be consistent with the empirical and logical rules to presume that the authority that performed the construction of small field was to purchase the land on the river and to pay the purchase price of the land on the river (see, e.g., Supreme Court Decision 2006Da52037, Dec. 21, 2006). According to the above recognition facts, the Plaintiff who succeeded to the occupation of the Sung Military Government is completed at least D reservoir.

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