logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원마산지원 2017.09.28 2017가단102832
소유권이전등기
Text

1. The defendant is based on the transfer on December 31, 1985 with respect to each real estate listed in the separate sheet to the plaintiff.

Reasons

1. Basic facts

A. The Seocho-gu farmland improvement cooperative is a cooperative established under the former Agricultural Community Modernization Promotion Act (amended by Act No. 2199 of January 12, 1970 and repealed by Article 2 of the Addenda to the Farmland Improvement Cooperatives Act enacted by Act No. 5077 of December 29, 1995; hereinafter “former Agricultural Community Modernization Promotion Act”).

B. At around December 31, 1985, the Kannam-gu Seoul Special Metropolitan City Mayor Cooperatives commenced a reservoir for Rose of Sharon in the wall of the old-do Special Metropolitan City, Sejong Special Metropolitan City, Gyeong-gun, and completed the construction around December 31, 1985.

C. Each real estate listed in the separate sheet is the site of the reservoir with the ancient custom, and a registration of preservation of ownership is made in the name of the defendant.

(Attachment List 1 through 3, each real estate listed in the Annex 4 to 8 was registered in May 9, 1989, and each real estate listed in the Annex 4 to 8 was registered in each Defendant’s name on July 29, 1981).

The rights and obligations of the Dool Farmland Improvement Association were comprehensively succeeded to the Korea Agricultural and Rural Infrastructure Corporation (Article 9 of the Addenda to the Korea Rural Community Corporation and Farmland Management Fund Act (Act No. 5759, Feb. 5, 199); the name of the Korea Agricultural and Rural Community Corporation [Article 3 of the Addenda to the Korea Rural Community Corporation and Farmland Management Fund (Act No. 775, Dec. 29, 2005)]; and the name of the Korea Agricultural and Rural Community Corporation was successively changed

[Article 3 of the Addenda to the Korea Rural Community Corporation and Farmland Management Fund (Act No. 9276, Dec. 29, 2008)]

2. According to Article 16 of the former Agricultural Community Modernization Promotion Act, a cooperative established pursuant to Article 15 (1) of the same Act shall take over and manage farmland improvement facilities in its association zone from its installer. In this case, the rights and obligations of the State, local governments, etc. that have occurred with respect to the installation of farmland improvement facilities shall be comprehensively taken over by the cooperative. Here, the rights and obligations of the cooperative, which include not only pure farmland improvement facilities such as irrigation and drainage facilities, but also pure farmland improvement facilities such as pipes and drainage facilities, shall be included in the ownership of the land.

arrow