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(영문) 대구지방법원 2016.01.15 2015가단111799
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. A. The Pharmaceutical Timber Repair Cooperatives was established around September 1934, and its name was changed from the name to the Pharmaceutical Timber Improvement Cooperatives (A. 13, 1961) and the Pharmaceutical Timber Improvement Cooperatives (A. 1, 1970) was dissolved after being merged into Doldong Improvement Cooperatives established on April 9, 1973.

Pursuant to the old Korea Agricultural and Rural Infrastructure Corporation and Farmland Management Corporation Act (Act No. 5759), the above liberian Farmland Corporation was merged into the Korea Agricultural and Rural Infrastructure Corporation on January 1, 2000, and the above Korea Agricultural and Rural Infrastructure Corporation changed its name into the Korea Agricultural and Rural Infrastructure Corporation as at present.

B. With respect to the 1924 square meters in the maintenance B of Gyeongdong-gun, Gyeongdong-gun (hereinafter “instant land”), the registration of ownership transfer was completed on February 23, 1930 by the Daegu District Court, Daldong-gun, the Daegu District Court, as the receipt of No. 1374 on February 23, 1930, and the registration of ownership transfer was completed on February 22, 1930. The registration of ownership transfer was completed on September 5, 2006 as the receipt of the said registration office No. 21201, Dec. 6, 1989.

C died on September 27, 1980, and the defendant is the grandchildren of the net C.

C. The land category of this case was originally changed to “maintenance” on December 8, 194, and the land of this case is the site for the reservoir facilities of “D reservoir” established in the Japanese land of this case.

D Reservoirs are currently registered as agricultural infrastructure as of October 2007 and are maintained and managed by the plaintiff.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 5, Gap’s 7-1, 2, Gap’s 9, 10, Eul’s 1, and the purport of the whole pleadings and arguments

2. Judgment on the plaintiff's assertion

A. In 1943, the Plaintiff’s claim 1 summary repair cooperative paid land compensation to C, the owner of the instant land, according to the plan for the expansion of the second emergency water sources with the approval of the Joseon General Government in 1943, and purchased the instant land. Around that time, the Plaintiff’s claim 1 purchased the instant land by constructing D reservoir on the neighboring land, including the instant land, on which D reservoir was transferred from C, and as the site of D reservoir.

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