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(영문) 대구지방법원 2019.08.27 2018가단142077
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. After obtaining authorization on February 6, 1931, the Geum River Improvement Cooperatives changed the name into Geum River Improvement Cooperatives on December 13, 1961, and Geum River Improvement Cooperatives on January 12, 1970, and Geum River Improvement Cooperatives on April 9, 1973, and the name of the Geum River Improvement Cooperatives was changed into the name of the Young River Improvement Association on April 13, 1973.

The Youngcheon Farmland Improvement Association was merged with the Korea Agricultural Infrastructure Corporation on January 1, 2000, and the name of the Korea Agricultural Infrastructure Corporation was changed to the Korea Agricultural Infrastructure Corporation on December 29, 2005 and the name of the plaintiff as of December 29, 2008.

B. On December 16, 1911, R was subject to the assessment of Yongcheon-si 473 square meters (1,564 square meters). On July 28, 1922, R was divided into 238 square meters and Q 1,326 square meters in Yongcheon-si, Youngcheon-si, and thereafter, Q 1,326 square meters in Q 1,326 square meters was changed into “maintenance” on July 30, 1924.

(hereinafter referred to as “Tcheon-si Q Land” is the instant land. C.

On the other hand, on March 30, 1981, Tcheon-si 238 square meters was divided into 150 square meters and U 88 square meters in Yong-si around March 30, 1981. The 150 square meters in Yong-si Tcheon-si 150 square meters was closed by the division arrangement on March 30, 1981.

R died on January 9, 1922, and the Defendants inherited or inherited the land of this case as indicated in [Attachment 2]’s final inheritance shares, following V (Death on November 5, 1978) inherited R as the head of the household.

E. The present land is currently used as a “W” site, and the Plaintiff occupies and manages it.

F. Meanwhile, the Plaintiff brought a lawsuit against the Defendants against the Daegu District Court No. 2016Kadan12720 (hereinafter “the prescriptive acquisition lawsuit”), and won the lawsuit seeking “the procedure for ownership transfer registration on the instant land due to the completion of prescriptive acquisition on December 31, 1993. However, the Plaintiff lost the Plaintiff’s possession on the ground that it is the possession of the owner on the ground that it is the possession of the owner, in the appellate court (Seoul District Court 2017Na312375). As the final appeal was dismissed in the final appeal (Supreme Court 2018Da236753), the said appellate judgment is rendered.

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