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(영문) 대구지방법원 2018.07.19 2017가단129497
소유권이전등기
Text

1. The defendant shall transfer to the plaintiff on January 12, 1970 concerning the area of 109-1, 992 square meters in Daegu-gu Seoul Metropolitan City, Daegu-dong.

Reasons

1. Facts of recognition;

A. The Gyeongsan Repair Association was established on August 22, 1925 under the former Joseon Repair Association Order (Ordinance No. 2 of July 2, 1917), and its name was successively changed to the Gyeongsan Land Improvement Association pursuant to Article 3 of the former Rural Community Modernization Promotion Act (amended by Act No. 948 of Dec. 31, 1961 and repealed by Act No. 948 of Jan. 12, 1970).

B. The Korea Agricultural and Rural Infrastructure Corporation and Farmland Management Fund (amended by Act No. 5759, Feb. 5, 199) were dissolved by the enforcement of the former Agricultural and Rural Infrastructure Corporation and Farmland Management Fund (amended by Act No. 5759, Feb. 5, 199) and the Korea Agricultural and Rural Infrastructure Corporation established on Jan. 1, 200 comprehensively succeeded

Under Article 3 of the Addenda to the former Korea Agricultural & Rural Community Corporation and Farmland Management Fund Act (Act No. 7775 of Dec. 29, 2005), the name of the Korea Agricultural and Rural Community Corporation and the Korea Rural Community Corporation and Farmland Management Fund (Act No. 9276 of Dec. 29, 2008) have been changed.

C. In around 1942, the Gyeongsan Water Cooperative established a new reservoir in each Dong-dong, Daegu-si, Daegu-si.

The Plaintiff maintains and manages the land as the water surface site of the said new reservoir in Daegu-gu, Dong-dong, Busan-dong, 109-1, 992 square meters (hereinafter “instant real estate”).

[Defendant asserts to the effect that the instant real estate was not managed by the Plaintiff on the ground that it was not the site of the new reservoir. However, the following circumstances revealed by the evidence adopted below, the instant real estate was changed from the cemetery to the maintenance of the land category on April 21, 1941, and the instant real estate was its original nature, even if neighboring residents are engaged in some farming activities in the instant real estate at the highest water level of the river.

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