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(영문) 광주지방법원 2017.12.21 2015가합56569
소유권이전등기
Text

1. Defendant Republic of Korea shall transfer on July 8, 197 to the Plaintiff the real estate stated in paragraph 1 of the attached list.

Reasons

1. Basic facts

A. The Naju-gun completed the monthly acid (hereinafter “instant reservoir”) around 1940, which was the day of Japanese occupation occupation, and each real estate listed in the attached list was incorporated into the site of the instant reservoir, and the instant reservoir was registered as farmland improvement facilities around March 1982.

B. (1) Defendant Republic of Korea completed the registration of ownership preservation on the real estate listed in paragraph 1 of the attached Table on February 19, 1973.

(2) Defendant Naju-gun’s Confucian School Property (hereinafter “Defendant Confucian School Property”) was assessed on June 17, 1915 on real estate stated in attached Table 2.

(3) The category of the real estate listed in [Attachment List No. 1] is a ditch, and the category of the real estate listed in [Attachment List No. 2] was changed from the answer around 1936 to the maintenance.

C. (1) The Naju-gun transferred the management of the instant reservoir to the Yeongsan River Improvement Association around July 1977, while managing the instant reservoir.

(2) The Yeongsan River Improvement Association was established by the former Agricultural Community Modernization Promotion Act (amended by Act No. 2199 of Jan. 12, 1970 and repealed by Act No. 5077 of Dec. 29, 1995; hereinafter the same shall apply). A merger was made with the Agricultural Infrastructure Corporation established by the former Agricultural Infrastructure Corporation and Farmland Management Fund (amended by Act No. 5759 of Feb. 5, 1999) on Jan. 1, 2000.

After December 29, 2005, the Korea Agricultural and Rural Community Corporation changed its name to the Korea Agricultural and Rural Community Corporation under Article 3 of the Addenda of the former Korea Agricultural and Rural Community Corporation and Farmland Management Fund Act (amended by Act No. 7775 of Dec. 29, 2005). On December 29, 2008, the name was changed to the Plaintiff pursuant to Article 3 of Addenda of the former Korea Rural Community Corporation and Farmland Management Fund Act (amended by Act No. 9276 of Dec. 29, 2008).

(3) The Plaintiff currently occupies and manages the instant reservoir.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-1, Gap evidence 5, Gap evidence 15, Gap evidence 16, the purport of the whole pleadings

2. Defendant.

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