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1.The judgment of the first instance shall be modified as follows:
The defendant is 1/5.00 square meters out of 223 square meters in the ditches B in Chungcheongnam-gun, Chungcheongnam-gun.
Reasons
1. Basic facts
A. The Hadong Farmland Improvement Association was merged into the Korea Agricultural and Rural Infrastructure Corporation on January 1, 200, and the name of the Korea Agricultural and Rural Infrastructure Corporation was changed to the plaintiff, and the name of the plaintiff is changed to the Hadong Farmland Improvement Association and the plaintiff for convenience.
A. On September 24, 1996, in order to secure water as necessary for the above project, the Plaintiff entered into a sales contract with C to purchase KRW 200,220,000 square meters of 3,00 square meters of Gyeong-dong, Hanam-gun, Chungcheongnam-do (hereinafter “instant sales contract”) and paid KRW 1,20,000 to C on the same day.
B. The location and size of the land to be incorporated after the division at the time of the instant sales contract was determined by the Plaintiff, and there was a provision stipulating the increase or decrease in the size of the land to be sold as a result of the subdivision survey (Articles 3 and 6 of the instant sales contract). As a result of the subdivision survey, the land to be purchased by the Plaintiff was specified as the instant land, and the purchase price was determined as KRW 1,360,300.
C. The land category of this case was changed from the paddy field on August 13, 1998 to the ditch, and after February 28, 2001, the project of this case was completed, it was used as water for the supply of agricultural water in E district.
The Plaintiff demanded C to complete the registration of ownership transfer of the instant land around 2012, but C did not comply with such request.
After that, on February 14, 2012, C donated the instant land to the Defendant, who is the ASEAN (hereinafter “instant donation contract”), and on February 27, 2012, C completed the registration of ownership transfer based on donation to the Defendant.
(hereinafter “instant transfer registration”). E.
C The C died on September 26, 2013, and C’s heir, including the Defendant, has five children, F, G, H, and I.
[Grounds for recognition] Each entry and video of Gap evidence Nos. 1 through 11, and all pleadings.