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1. The Defendant (Counterclaim Plaintiff) entered the Plaintiff (Counterclaim Defendant) in the attached share calculation table of inheritance among the 840m20m2 in the Gyeongbuk-gun F prior to the Gyeongbuk-gun.
Reasons
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. Since the registration of ownership preservation was completed on March 20, 194 by G on March 28, 194, the ownership transfer registration was completed in the name of H on May 28, 1947. In other words, on February 14, 1963, the ownership transfer registration was completed in the name of I on February 15, 1963.
B. On September 5, 2012, I died, and the Plaintiff B, C, D, and E, the spouse of the Plaintiff A, C, D, and E (hereinafter “the deceased”).
C. On June 2, 1944, the elderly group incorporated the land of this case, including this case, into a reservoir site for the purpose of supplying agricultural water to the land located in the JJ of the Northbuk-gun, the elderly group started installation works for the K reservoir. On December 31, 1945, the elderly group occupied and managed the land after completion.
On May 198, the elderly group transferred the rights and duties of the above L reservoir to the elderly farmland improvement association pursuant to Article 18 of the former Farmland Improvement Association Act (repealed by Act No. 5759 of Feb. 5, 1999) and Article 6 of the Enforcement Decree of the same Act. The elderly farmland improvement association acquired the above facilities and comprehensively succeeded to the rights and obligations arising from the above facilities and sites. Since the elderly farmland improvement association was merged into the Korea Agricultural and Rural Community Corporation on January 1, 200, the Korea Agricultural and Rural Community Corporation was merged into the Korea Agricultural and Rural Community Corporation and the Korea Rural Community & Rural Community Corporation was changed into the name of the plaintiff.
E. The instant land is currently used as the K reservoir site until now.
【Fact- without dispute over the ground for recognition】 The entry of Gap evidence 1 through 5 (including branch numbers in case of additional number; hereinafter the same shall apply), the images of Gap evidence 6 and 7, and the purport of whole pleadings
2. Determination on the main claim
(a) Part of land generally constituting a reservoir is in possession of a person who owns and manages the reservoir;
Therefore, (see Supreme Court Decision 95Da2074 delivered on July 28, 1995). The plaintiff has changed the owner of the land of this case to the deceased on February 15, 1963.