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(영문) 대전지방법원서산지원 2014.09.18 2012가합2919
수로철거 등
Text

1. Of the instant lawsuit, the part concerning the claim for damages equivalent to the civil prepayment, lawsuit recognition, and legal advice fees shall be dismissed.

2...

Reasons

1. Basic facts

A. On November 30, 1984, the Culture and Rural Infrastructure Corporation (the farmland association was merged with the Korea Agricultural and Rural Infrastructure Corporation on January 1, 200, and the name of the defendant was changed thereafter; hereinafter referred to as the "defendant") purchased from F for KRW 545,00,00 of the price, and paid KRW 436,00 out of the price.

B. F. As the heir died on March 25, 1985, G et al. and 5 others were the heir.

The land indicated in the port and the land indicated in the E Forest No. 1,190 square meters (hereinafter “instant land”) were inherited, and the above land A on February 6, 1986.

Land category in the port was changed from forest land to ditch.

(hereinafter “instant land 1”). C.

On March 29, 1986, the Plaintiff purchased the instant land Nos. 1 and 4 from the above inheritors and completed the registration of ownership transfer on April 4, 1986. On March 15, 1986, the Plaintiff purchased from H the land adjacent to each of the above lands, and completed the registration of ownership transfer on April 30, 1986, the Plaintiff purchased 5,478 square meters and D ditch 231 square meters (hereinafter “instant land Nos. 2 and 3”. In the case of the instant land No. 3, the land category was changed from before that time to ditches).

The Defendant, from April 1, 1981 to December 12, 1990, installs a ditch on the land No. 1 of this case. Of the land No. 2 of this case, the Defendant installed a 137.8 square meters among the land No. 2 of this case, the land No. 3 of this case, and the land No. 123.5 square meters among the land No. 4 of this case, installed a ditch connected to the said ditch on the adjacent land, and uses it as a waterway for the supply of agricultural water from I to a dry field of 163,23

E. On July 25, 1991, the Defendant completed the registration of ownership transfer based on land expropriation on January 20, 1991 with respect to the land No. 1 of this case.

On March 11, 2010, the Plaintiff filed a lawsuit against the Defendant seeking the cancellation of the above transfer of ownership (Seoul District Court Seosan Branch of Daejeon District Court 2010dan2642), and the above court rendered a judgment accepting the Plaintiff’s claim on July 15, 201 on the ground that the registration of the Defendant’s name was null and void.

Therefore, the defendant appealed, but the Daejeon District Court.

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