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(영문) 대구지방법원서부지원 2019.01.24 2017가단53825
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. An elderly farmland improvement cooperative was merged with the Korea Agricultural and Rural Infrastructure Corporation on January 1, 2000. On December 29, 2005, the name of the Korea Agricultural and Rural Infrastructure Corporation was changed to the Korea Agricultural and Rural Community Corporation on December 29, 2005, and the name was changed to the Plaintiff on December 29, 2008.

B. H reservoir is a reservoir created in the daily source of the instant land around December 31, 1959. An elderly Gun registered a H reservoir as a farmland improvement facility on March 31, 1987, but transferred it to the Elderly Improvement Association on November 6, 1989.

C. Meanwhile, on December 10, 1915, I completed the registration of ownership preservation on the instant land, and J on May 9, 1994, completed the registration of ownership transfer for reasons of sale on December 20, 1960.

As the J died on May 3, 2005, K and the Defendants inherited the property of J, and on February 12, 2015, K inherited the property of K and the Defendants inherited the land of this case, such as the final inheritance shares in the attached Form No. 1.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 6 through 8, the old head of this court, and the result of each fact inquiry about Lins court, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The gist of the Plaintiff’s assertion was around 1958 to purchase this case’s land and build H reservoir in order to ensure the repair safety of the answer of the Japanese fire fighting team in the Gyeongbuk-gu, Chungcheongnam-do, 1958, and around 1959, H reservoir was created.

After all, on November 6, 1989, the elderly farmland improvement association, the telegraph of the plaintiff, succeeded to the rights and obligations of the land of this case comprehensively, and the plaintiff occupies and manages the land of this case in peace and public performance with the intention to own it up to now.

Therefore, the Defendants are obligated to implement the registration procedure for transfer of ownership on May 10, 2014 with respect to the instant land to the Plaintiff.

(b)at the time of commencement of possession, the possessor has no legal or other legal requirements which may constitute the cause of the acquisition of ownership.

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