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1. In the order of the Defendant, among the 1,289 square meters of forest land B, 1,289 square meters for the Plaintiff, each point of the annexed drawings No. 1 to 10, and 1.
Reasons
1. Basic facts
A. Around 1941, C Co., Ltd. built “E reservoir” (hereinafter “instant reservoir”) as an agricultural infrastructure for the supply of irrigation water as well as the construction of “E reservoir” (hereinafter “instant reservoir”).
B. After December 1961, C Cooperatives were merged with FF Associations, and the Plaintiff came to succeed to the status of FF Associations pursuant to relevant laws and regulations.
C. Meanwhile, on December 31, 1974, the Defendant Cho G acquired shares in B forest No. 1,289 square meters (hereinafter “instant land”). On December 30, 1974 with respect to the instant land, H 1/5 shares for inheritance on February 18, 198, and I acquired shares in 4/5 shares, respectively. ② On March 13, 1989, the Defendant, J and K acquired shares in 4/15 shares for each of the instant land, and on May 10, 201, K acquired shares in 1/208 for each of the above H 1/208 for the reason of inheritance.
E. Meanwhile, among the instant land, part of 224 square meters in the “bb” portion (hereinafter “instant reservoir site”) connected with each point of the separate sheet Nos. 1 through 10, and 1 are used as the site of the instant reservoir.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 (including numbers; hereinafter the same shall apply), the court's entrustment of appraisal to the Korea Land Information Corporation, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion 1) The plaintiff's claim as to the 4/15 share acquired by the defendant on March 13, 1989 is held as the site of the reservoir of this case from December 31, 1974 that the deceased G acquired the ownership of the site of this case by the deceased G from December 31, 1974. The defendant's share of 4/15 out of the land of this case before the expiration of the prescription period for possession.