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(영문) 광주지방법원 2017.10.24 2016가단521865
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As to each real estate listed in the separate sheet (hereinafter “each real estate of this case”), the ownership transfer registration based on the sale as of January 17, 1966 was completed under the name of the defendant attached to the defendant Eul on January 18, 196, and the ownership transfer registration based on the above B was completed under the name of the defendant on December 31, 1996, after the death of the above B, and the subsequent registration was completed on March 16, 196 under the name of the defendant on December 31, 1996.

B. On December 13, 1994, the Jeonnam-si (hereinafter “Yiju-si”) had constructed and managed a “C reservoir” (hereinafter “instant reservoir”) in a single unit of each of the instant real estate from around 1942 to supply water to surrounding farmland. On December 13, 1994, it transferred the facilities of the instant reservoir to the Yeongsan Seomjin Farmland Improvement Association. The Yeongsan Seomjin Farmland Improvement Association received the facilities of the instant reservoir from the Naju-si in receipt of the receipt of the facilities of the instant reservoir by the instant reservoir.

C. Each real estate of this case is indicated to constitute the site of the reservoir of this case in the military acquisition property ledger.

C. On January 1, 200, the Yeongsan River Improvement Association was dissolved upon the establishment of the Korea Agricultural and Rural Infrastructure Corporation and Farmland Management Fund (amended by Act No. 5759, Feb. 5, 199; Act No. 6075, Dec. 31, 199); pursuant to Article 9 of the Addenda of the above Act, the Korea Agricultural and Rural Infrastructure Corporation comprehensively succeeded to the rights and obligations of the Korea Agricultural and Rural Infrastructure Corporation; and thereafter the Korea Agricultural and Rural Infrastructure Corporation changed its name to the Korea Rural Infrastructure Corporation (Plaintiff).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 10, Eul evidence No. 9 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. On December 13, 1994, the Plaintiff asserted that each of the instant real estate was occupied and used as the site of the instant reservoir, and on December 13, 1994, transferred the site of the instant reservoir, including the instant real estate, to the Yeongsan River Improvement Association, and the Plaintiff.

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