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1. The part against the defendant, which exceeds the following part of the judgment of the first instance, shall be revoked.
Reasons
1. Basic facts
A. The Do Repair Association established under the former Joseon Repair Association Order (amended by Presidential Decree No. 2 of July 1917, and repealed by the implementation of the Land Improvement Project Act of January 21, 1962; hereinafter “former Joseon Repair Association Order”) was enacted on January 20, 1962 by Act No. 948 of Dec. 31, 1961, and was enacted on January 12, 1970 pursuant to paragraph (6) of the Addenda to the former Rural Modernization Promotion Act (amended by Act No. 948 of Dec. 31, 1961; hereinafter “former Rural Modernization Promotion Act”) and was amended by Act No. 2199 of Jan. 12, 1970 to the Rural Modernization Promotion Act (amended by Act No. 2199 of Jan. 29, 195; hereinafter referred to as the “former Rural Improvement Association Act”).
B. On April 9, 1973, the Korea Rural Infrastructure Corporation and Farmland Management Fund (established by Act No. 5759, Feb. 5, 199) were dissolved by the former Agricultural Infrastructure Corporation and Farmland Management Fund (established by Act No. 5759, Feb. 5, 199), and on January 1, 200, the Korea Rural Infrastructure Corporation established on January 1, 200 comprehensively succeeded to the rights and obligations of the Yeongdeungpo Farmland Management Corporation pursuant
C. Pursuant to Article 3 of the Addenda to the former Korea Rural Community & Agricultural Corporation and Farmland Management Fund Act (amended by Act No. 7775 of Dec. 29, 2005), the name of the Korea Rural Community & Agricultural Corporation and the former Korea Rural Community Corporation and Farmland Management Fund (amended by Act No. 9276 of Dec. 29, 2008) was changed to the Plaintiff.
Of the real estate listed in the No. 1 through 5 and 7 in the list of the attached Table 1 and the real estate listed in the same list No. 6, part 250 square meters (hereinafter “each real estate of this case”) is used as the site of the Docheon Reservoir which was completed by the Docheon Repair Cooperative around 1942.
E. In accordance with Article 16 of the former Agricultural Community Modernization Promotion Act, the Docheon Reservoirs is currently managed by the Plaintiff by taking over and managing from the Docheon Water Cooperative, which is the installer of the Docheon Water Cooperative.
F. The defendant