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(영문) 울산지방법원 2014.11.26 2014나10069
소유권이전등기말소 등
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) on the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On June 16, 1943, the Plaintiff’s father B (hereinafter “the deceased”) completed the registration of transfer on the land No. 1,395 (the land was divided into the land No. 1 and L, and M on March 30, 1945) in his/her own name, and completed the registration of transfer on the land No. 2 of this case on October 22, 1943 (the name of the owner on the register of the land No. 2 of this case is “C”), and thereafter, the Plaintiff completed the registration of transfer on the land No. 1 of this case in his/her own name under the name of Ulsan District Court No. 23480, Mar. 11, 201; No. 89835, Aug. 27, 2012; and the registration of transfer on the ownership of the land of this case No. 2 of this case due to inheritance on May 25, 195.

B. Each of the instant lands is used as the site of “F reservoir” and “G reservoir” (hereinafter “instant reservoir”), which is a reservoir that supplies agricultural water to Ulsan-gun, Ulsan-gun, U.S., and E farm land, and the land category of the instant land was changed to “maintenance” on March 30, 1945, and on December 26, 1963, each of the instant land category was changed to “maintenance.”

C. The Ulsan Farmland Improvement Cooperatives was entrusted with the management of the reservoir of this case by the Ulsan-gun around October 18, 1977, and possessed and managed each of the land of this case since that time.

On January 1, 200, the Defendant comprehensively succeeded to the rights and obligations of the Ulsan Farmland Improvement Association by combining the Korea Agricultural and Rural Community Corporation, the farmland improvement association, and the Korea Farmland Improvement Corporation Association pursuant to Article 9 of the Addenda to the Korea Agricultural and Rural Community Corporation and Farmland Management Fund Act (the name of the Defendant was changed to the Korea Rural Community Corporation by the Korea Agricultural and Rural Community Corporation, the Korea Rural Community Corporation, and the Korea Farmland Management Corporation, which was promulgated on December 29, 2008). Accordingly, at the time, the Defendant comprehensively succeeded to the right to occupy and manage the instant reservoir of this case.

E. Meanwhile, the fixed-term fee from February 8, 2003 to November 7, 2013 for each of the instant land is added to 41.

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