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(영문) 대구지방법원 2015.05.12 2014가단125333
소유권이전등기
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1. The Defendant’s ground for the completion of the prescriptive acquisition on January 29, 2005 with respect to the Plaintiff’s 1,937 square meters in the Gyeongju-gun B, Chungcheongnam-do.

Reasons

1. Basic facts

A. On January 1, 200, 200, the Plaintiff’s overall farmland improvement cooperative succeeded to the rights and obligations of the Korea Agricultural and Rural Infrastructure Corporation, and the name of the Korea Agricultural and Rural Infrastructure Corporation was changed to the Korea Agricultural and Rural Community Corporation on December 29, 2005, and as of December 29, 2008, the name of the Plaintiff was changed to the Korea Rural Community Corporation.

B. The 1,937 square meters in B maintenance 1,937 square meters (hereinafter “instant land”) were owned by the network C. The Defendant completed the registration of ownership transfer under the name of the Defendant on November 23, 2005, on the ground that the property was inherited due to the consultation and division on June 16, 1984 from the network C.

C. On November 10, 1958, the land of this case was changed from the “responding” to the “Maintenance,” while construction of the “E” in the Gandong-gun, Gandong-do, 1945, and was incorporated into the said reservoir site. The land of this case was changed from the “sponding” to the “E”, and the Gandong-gun managed the said “E”.

On January 29, 1985, the Plaintiff transferred its rights to the Plaintiff, and thereafter the Plaintiff maintains and manages “E”.

[Ground of recognition] Facts that there is no dispute or do not clearly dispute, entry in Gap evidence 1 to 11, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted 1) The plaintiff asserted that the land of this case was the obligation to implement the procedure for the registration of transfer of ownership on January 29, 2005 for the completion of the acquisition by prescription on January 29, 2005, because the plaintiff succeeded to the right as of January 29, 1985 as the date of succession as the land incorporated into the creation project of small field for the second emergency expansion project implemented by the Joseon General Government Department around 1942, which was conducted by the small field creation project for the small field creation project for the second emergency expansion project for the small field, which was implemented by the small field creation project for the land of this case. The defendant asserted that he had the obligation to implement the procedure for the registration of transfer of ownership on January 29, 2005 for the completion of the acquisition by prescription. The defendant did not have concluded a sales contract for the land of this case and did not have paid compensation to the defendant or the deceased in accordance with the lawful expropriation procedure.

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