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(영문) 대구지방법원 2016.06.01 2015나302145
사용료
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The “Seoul-gu Nung-gu Nung-gu 223 square meters,” which was divided into the “Magdong-gu, Daegu-gu, Ma-gu, 987 square meters” owned by the Plaintiffs’ decedents (L birth, death on September 3, 1987), was changed into a ditch around July 26, 1937. Around 2010, the land category was changed into a ditch. Around 221 square meters in Daegu-gu, Dong-gu, Nung-gu, 221 square meters, 38 square meters in a P ditch, 12 square meters in a P ditch (hereinafter “instant 1 real estate”) and “466 square meters in a P ditch (hereinafter “instant 2 real estate”).

(hereinafter “The instant real estate 1” and “the instant 2 real estate” are collectively referred to as “the instant real estate”).

The Plaintiffs completed the registration of ownership transfer on September 20, 2012 on September 3, 1987 with respect to each inheritance share among the instant real estate on the ground of inheritance on September 3, 1987.

C. Nonparty R completed the registration of ownership transfer on the instant real estate No. 1 on October 29, 2012 by the Daegu District Court, Daegu District Court, Daegu District Court, No. 49694, which was received on December 17, 2012, on the grounds of sale and purchase on October 29, 2012. Nonparty 2 completed the registration of ownership transfer on the instant real estate No. 2 by the Daegu District Court, Daegu District Court, Daegu District Court, as the receipt of No. 992, Jan. 10, 2013.

On the other hand, the real estate in this case is used as ditches for agricultural water.

This ditch was established by the Coastal Repair Cooperative, a telegraphic transfer of Defendant Korea Rural Community Corporation (hereinafter “Defendant Corporation”).

The New Daegu Busan Busan Expressway passed the ground of the instant 2 real estate, and the defendant New Daegu Busan Busan Expressway Co., Ltd. (hereinafter referred to as the "Defendant Co., Ltd.") has the right to manage and operate the said expressway.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 3 (including paper numbers), Eul evidence 3, and 4 (including paper numbers) and the purport of the whole pleadings

2. Determination as to the claim against the defendant Corporation

A. The defendant Corporation alleged by the parties to the 1st century, purchased the instant real estate from the Dong K, thereby doing so.

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