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(영문) 대구지방법원 2018.07.04 2017나314630
토지인도 등
Text

1. Of the part regarding the principal lawsuit in the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) is set aside against the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. In the construction and management process of the reservoir of this case, Youngcheon-si constructed the reservoir of this case from January 1, 1943 to December 28, 1945 as part of the plan for the second emergency expansion facility project of the shipbuilding General Domination Division, and the Youngcheon Repair Association [Ycheon-si Corporation was established under the Chocheon Repair Association Ordinance, and it was modified from December 31, 1961 to the "Ycheon Land Improvement Association" under Article 6 of the Addenda of the former Land Improvement Project Act (Act No. 948 of December 31, 1961), and its name was changed to the "Ycheon Farmland Improvement Association" under Article 3 of Addenda of the former Agricultural Community Modernization Promotion Act (Act No. 2199 of January 12, 1970), and the Youngcheon-gu Agricultural Corporation acquired the ownership transfer registration of the reservoir of this case from January 1, 200 to the "Korea Rural Community Corporation" or the "Korea Rural Community Corporation" of this case.

B. The Plaintiff’s acquisition of the instant miscellaneous land ownership 1) Yongcheon-si B Miscellaneous land B 7,746 square meters (hereinafter “miscellaneous land before division”).

(2) On December 13, 1979, the Republic of Korea registered the miscellaneous land of this case as its owner on the land cadastre before subdivision. On June 19, 1987, the Republic of Korea completed the registration of preservation of ownership as to the miscellaneous land before subdivision. (2) On April 6, 1990, the Republic of Korea divided the miscellaneous land of this case, which was part of the miscellaneous land before subdivision, and completed the registration of ownership transfer as to the miscellaneous land of this case to C on the same day, and thereafter on December 20, 1991, D on December 20, 1991, and E on June 14, 1995, and the Plaintiff completed the registration of ownership transfer as to the miscellaneous land of this case.

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