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(영문) 대구지방법원상주지원 2019.04.03 2018가단6999
소유권이전등기
Text

1. The Defendants shall, on January 12, 1990, sell 1/2 shares of E, 3,147 square meters and 27 square meters of F, respectively, at the time they live in the Plaintiff.

Reasons

1. Basic facts

A. Around 1944, the Joseon Farmland Development Foundation (hereinafter “instant reservoir”) started to build G reservoir (hereinafter “instant reservoir”) in the daily area of 3,147 square meters and 27 square meters in a city where it is permanently located as part of the Emergency Expansion Project for the Expansion of Water Supply and Fishing Villages (hereinafter “instant real estate”), and completed the construction in around 1948, and transferred the instant reservoir to the Residential Repair Association.

B. A resident repair cooperative is a resident farmland improvement cooperative pursuant to Paragraph 6 of the Addenda of the former Land Improvement Project Act (amended by Act No. 948 of Dec. 31, 1961 and repealed by Act No. 2199 of Jan. 12, 1970), and its name was successively changed to a resident farmland improvement cooperative pursuant to Article 3 of the Addenda of the former Agricultural Community Modernization Promotion Act (amended by Act No. 2199 of Jan. 12, 1970 and repealed by Act No. 5077 of Dec. 29, 195; hereinafter the same).

On January 1, 2000, a resident farmland improvement association was merged into the Korea Agricultural and Rural Infrastructure Corporation and Farmland Management Corporation Act (Act No. 5759).

Since the Korea Agricultural and Rural Infrastructure Corporation, its name was changed to "Korea Rural Community Corporation" as at present.

(hereinafter referred to as “Plaintiff,” regardless of whether it is before or after the change of name.

Each real estate of this case was owned by H, and the Defendants completed the registration of ownership transfer with respect to shares 1/2 due to inheritance on March 22, 1981.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination on the plaintiff's claim

(a) Part of the land which constitutes a reservoir generally in determining the cause of the claim is in possession of the person who owns and manages the reservoir;

(see, e.g., Supreme Court Decision 67Da2769, Apr. 16, 1968). With respect to this case, health class, the fact that the site of this case was used as the surface site since the construction of G reservoir, does not explicitly dispute the defendant. Thus, the plaintiff is subject to the management of the G reservoir site under the former Agricultural Community Modernization Promotion Act from January 12, 1970 to the management of the G reservoir site.

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