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(영문) 대구지방법원 2014.12.19 2013가단811569
소유권이전등기
Text

1. The Defendants, on December 31, 1963, as to the final inheritance shares indicated in the attached Form among the 327 square meters of the 327 square meters which were maintained N in Busan Metropolitan City.

Reasons

1. Facts of recognition;

A. The registration of preservation of ownership was completed on March 20, 1929 in the name of the deceased on March 20, 1929 with respect to the land of 327 square meters (hereinafter “instant land”).

The defendants are the successors of the networkO and their inheritance shares are the final inheritance shares listed in the attached Form.

B. Around 1943, the Joseon General Government established the second emergency water source expansion facility project, and around that time, the land of this case was included in the lower land for the construction of Q reservoir, which is a small field, from the land of this case, for the construction of Q reservoir, which is a small field.

Accordingly, the land category of this case was changed on September 1, 194 to the maintenance of land category, and Qu reservoir was completed around 1945.

C. After that, the Youngcheon Farmland Improvement Association, the Gyeonggi Farmland Improvement Association, and the Plaintiff succeeded to the rights and obligations of the Qu reservoir in turn, and have maintained and managed the Qu reservoir up to now.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 19 evidence (including additional number), the purport of the whole pleadings

2. The second emergency expansion project implemented by the Joseon General Colon in around 1943, decided to purchase the land below it by subsidizing the expenses required for the construction work. Thus, if the construction project of the small field was implemented as a part of the project, the agency which performed the construction project of the small field was in accordance with the empirical rule and logical reasoning that the agency that performed the construction project of the small area was presumed to have purchased the real estate included in the site of the facility at that time and paid the price thereof, barring any particular reason.

(See Supreme Court Decision 93Da42696 delivered on February 10, 1995, Supreme Court Decision 97Da40032 delivered on December 12, 1997, Supreme Court Decision 2006Da52037 delivered on December 21, 2006, etc.). In light of the above legal principles, the purchase price for the instant land is presumed to have been paid. In light of the above legal principles, the purchase price for the instant land is presumed to have been paid, and it is presumed that the purchase price for the instant land was paid, and the Youngcheon Farmland Improvement Association, the Busan Farmland Improvement Association, and the Plaintiff, who succeeded

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