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(영문) 대구지방법원 서부지원 2018.05.30 2017가단53726
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C, on April 20, 1911, the land category of the instant land in North-gun B was first “former,” but it was changed to “maintenance” on November 5, 1946. On June 7, 1989, the real estate register was changed to “Maintenance”.

On September 20, 1979, the area was converted into “3038 square meters” on the land cadastre, and on June 7, 1989, the real estate register was changed to “3038 square meters.”

(hereinafter “instant land”). D, on December 10, 1946, completed the registration of ownership transfer on January 6, 1948 on the instant land due to sale and purchase. The Defendant completed the registration of ownership transfer on March 1, 1991 on the instant land on October 25, 2006.

B. On March 31, 1987, the elderly group registered the F reservoir located in the Nowon-gu Seoul Special Metropolitan City as farmland improvement facilities. On June 12, 1998, the elderly group transferred the repair facilities, such as the above F reservoir, to the elderly farmland improvement association on June 12, 1998 pursuant to Article 18 of the former Farmland Improvement Association Act (amended by Act No. 5759 of Feb. 5, 1999; hereinafter "former Farmland Improvement Association Act") and Article 6 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 1647 of Dec. 28, 199; hereinafter "former Enforcement Decree of the Farmland Improvement Association Act").

C. On January 1, 2000, an elderly farmland improvement association was merged into the Korea Agricultural and Rural Infrastructure Corporation. On December 29, 2005, the name of the Korea Agricultural and Rural Infrastructure Corporation was changed to the Korea Agricultural and Rural Community Corporation. On December 29, 2008, the name was changed to the Plaintiff.

The plaintiff has installed a reservoir guidance board, etc. on the bank of the F reservoir, and the detailed status, such as the location, area, form, etc. of the land in this case and the F reservoir shall be as shown in the annexed satellite photographs and cadastral status survey drawings.

Article 18 (Change of Districts) (1) When a cooperative intends to incorporate an area outside of a cooperative zone into a cooperative zone, it shall publicly notify in advance the planned area to be incorporated and the basic maintenance project plan within such zone, and shall be within the intended area.

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