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1. The defendant is among the real estate listed in Schedule 2 through 5 and the real estate listed in Schedule 1.
Reasons
1. Basic facts
A. A farmland improvement association was established on January 1, 200 by the Korea Agricultural and Rural Infrastructure Corporation and Farmland Management Fund (established by Act No. 5759, Feb. 5, 199) and dissolved pursuant to Articles 8 and 9(1) of the Addenda of the same Act, and the rights and obligations were comprehensively transferred to the Korea Agricultural and Rural Infrastructure Corporation.
After December 29, 2005, the Korea Agricultural and Rural Infrastructure Corporation changed its name to the Korea Agricultural and Rural Community Corporation on December 29, 2005, and the name was changed to the plaintiff again on December 29, 2008.
B. On July 19, 1976, the reservoir was started and completed on July 10, 1979, as a reservoir located in the Dong-dong, Daegu-gu, Chungcheongnam-do. The land listed in the separate sheet Nos. 2 through 5 and the land listed in the separate sheet No. 1 attached Table No. 425 through 496, 551 through 598, 1131 through 1245, and 425 (hereinafter “each land of this case”), among the land listed in the separate sheet No. 1 attached Table No. 1 attached hereto, is the land located below the water surface or around it.
C. The defendant completed the registration of initial ownership on April 23, 1981 with respect to the land of this case No. 2 and 3, April 20, 195 with respect to the land of this case No. 4 and 5.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including additional numbers), the result of this court's request for surveying and appraisal of the Korea Land Information Corporation, the purport of the whole pleadings
2. Determination
A. In general, a part of land forming a reservoir is in possession of the person who owns and manages the reservoir. The standard of whether a certain land corresponds to a part of a site constituting the reservoir, and whether a person who owns and manages the reservoir is in possession of the reservoir does not determine the flood of the reservoir at ordinary times, but can be recognized as a land corresponding to the site of the reservoir by an objective facility and a general sound common common common common sense.