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(영문) 대구지방법원상주지원 2016.10.26 2016가단9369
소유권이전등기
Text

1. The defendant is based on the transfer on January 12, 1970 to the plaintiff of each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. A resident farmland improvement cooperative was established on March 15, 1959, and was merged into the Korea Agricultural and Rural Infrastructure Corporation on January 1, 200 pursuant to the former Korea Agricultural and Rural Infrastructure Corporation and Farmland Management Corporation Act (Act No. 5759), and its name was changed to “Korea Rural Community Corporation” as at present.

(hereinafter referred to as “Plaintiff,” regardless of whether it is before or after the change of name.

In around 1959, the Plaintiff started to build four ri-ri reservoirs, such as Myeon-dong, Dong-si, Dong-si, and completed the construction on December 30, 1964, and each real estate listed in the separate sheet (hereinafter “instant real estate”) is part of the reservoir.

C. The defendant is the person who registered the real estate of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. According to the main sentence of Article 16 of the former Agricultural Community Modernization Promotion Act (amended by Act No. 2199 of Jan. 12, 1970, repealed by Act No. 5077 of Dec. 29, 1995; hereinafter referred to as the "former Agricultural Community Modernization Promotion Act") Article 16 of the former Agricultural Community Modernization Promotion Act (amended by Act No. 5077 of Dec. 29, 1995; hereinafter referred to as the "former Agricultural Community Modernization Promotion Act"), a farmland improvement association which has completed the registration of establishment pursuant to Article 15 (1) shall acquire and manage farmland improvement facilities located within its district and transferred from its installer. In this case, the rights and duties of the State, a local government, or the Agricultural Community Promotion Corporation, which occurred with respect to the installation of farmland improvement facilities, shall be comprehensively transferred by the National Assembly, a local government, or the Korea Agricultural Community Modernization Promotion Corporation."

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