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1. The defendant is based on the transfer on January 12, 1970 to the plaintiff of each real estate listed in the separate sheet.
Reasons
1. Basic facts
가. 공검수리조합은 구 조선수리조합령(1917년 7월 제령 제2호로 제정되었다가 1962. 1. 21. 폐지되었음)에 의해 설립되었는데, 1952. 3. 30.∽1959. 5. 31.까지 공사하여 오태저수지를 설치하였다.
B. A public tallying association was merged with a permanent repair association pursuant to the former Act on Special Measures for the Merger of Repair Associations (amended by Act No. 701 of Aug. 25, 1961 and repealed by Act No. 948 of Dec. 31, 1961).
C. The name of the resident repair cooperative was changed to the resident land improvement cooperative pursuant to paragraph 6 of the Addenda (No. 948, Dec. 31, 1961; repealed by Act No. 2199, Jan. 12, 1970) of the former Land Improvement Project Act (amended by Act No. 2199, Dec. 31, 196); and the name was changed to the resident farmland improvement cooperative pursuant to Article 3 of the former Agricultural Community Modernization Promotion Act (amended by Act No. 2199, Jan. 12, 1970; repealed by Act No. 5077, Dec. 29, 1970) (No. 2199; Jan. 12, 1970).
According to Article 9 of the Addenda to the Korea Agricultural and Rural Community Corporation and Farmland Management Fund Act (No. 5759, Feb. 5, 1999), the rights and obligations of a resident farmland improvement association were comprehensively succeeded to the Korea Agricultural and Rural Community Corporation. The name of the Korea Agricultural and Rural Community Corporation and Farmland Management Fund (No. 7775, Dec. 29, 2005) was changed by Article 3 of the Addenda to the Korea Agricultural and Rural Community Corporation and Farmland Management Fund (No. 9276, Dec. 29, 2008).
E. The Defendant is the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”) in the separate sheet, part of the site of the reservoir in Thai-do.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. Determination
A. According to the main sentence of Article 16 of the former Agricultural Community Modernization Promotion Act, a farmland improvement cooperative which has completed the establishment registration under Article 15(1) with the authorization of the Minister of Agriculture and Forestry shall be a farmland improvement facility in its association area.