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(영문) 대구지방법원 2016.01.21 2015나303810
소유권이전등기
Text

1. Of the judgment of the court of first instance, the part against the defendant regarding real estate in the annexed list 14 to 24 shall be revoked, and that part shall be revoked;

Reasons

1. Basic facts

A. The process of the Plaintiff’s succession to the rights and obligations was established on August 22, 1925 by the M&A; on October 31, 1941, the M&A was merged with the M&A pursuant to the former Ordinance on Special Measures for the Merger of Repair Associations (No. 701, Aug. 25, 1961).

② Pursuant to paragraph (6) of the Addenda to the former Land Improvement Project Act (amended by Act No. 948 of Dec. 31, 1961 and repealed by Act No. 2199 of Jan. 12, 1970), the Gyeongsan Water Cooperative was the Gyeongsan Land Improvement Association, and its name was successively changed to the Gyeongsan Farmland Improvement Association pursuant to Article 3 of the Addenda to the former Farmland Improvement Project Act (amended by Act No. 2199 of Jan. 12, 1970 and repealed by Act No. 5077 of Dec. 29, 1995).

③ The Korea Agricultural and Rural Community Corporation and Farmland Management Fund (Act No. 5759, Feb. 5, 199; Act No. 5759, Jan. 1, 2000) were dissolved by enforcement of the former Agricultural and Rural Community Corporation and Farmland Management Fund (Act No. 5759). On January 1, 2000, the Korea Agricultural and Rural Community Corporation comprehensively succeeded to the rights and obligations of the Korea Agricultural and Rural Community Corporation under Article 9 of the same Act. The Korea Agricultural and Rural Community Corporation and Farmland Management Fund (Act No. 7775, Dec. 29, 2005) changed their names into the Korea Agricultural and Rural Community Corporation and the former Korea Rural Community Corporation and Farmland Management Fund (Act No. 9276, Dec. 29, 2008) in accordance with Article 3 of the Addenda to the former Agricultural and Rural Community Corporation

B. The real estate listed in the separate sheet Nos. 1 through 11 has been managed by the plaintiff as the farmland improvement facilities incorporated into the site of the subordinate reservoir which commenced around 1945 and completed around 1928 after commencing around 1925; the real estate listed in the separate sheet No. 12 has commenced around 1954 and completed around 1959; and the real estate listed in the separate sheet No. 13 has been managed by the plaintiff as the farmland improvement facilities incorporated into the site of the subordinate reservoir which commenced around 1947.

C. The real estate listed in the separate sheet Nos. 14 through 24 shall be the site of the reservoir which started on March 26, 1986 and completed on February 28, 199.

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