공탁금출급청구권확인의 소
1. The defendant deposited in the name of the Suwon District Court in the name of the Korea National Housing Corporation, Suwon District Court No. 1030 in 2005.
1. Basic facts
A. On February 4, 2005, the Korea National Housing Corporation (the Korea Land Corporation was merged with the Korea Land Corporation on October 1, 2009; hereinafter “Defendant”) deposited the deposited amount of KRW 158,409,80 as “A and address unknown (the last address: the party branch in Sungnam-si B)” under the head of Suwon District Court Branch Branch of Suwon District Court No. 1030 on February 4, 2005 as the deposited amount of KRW 158,409,80.
(hereinafter “Deposit of this case”). (b)
The reason for the deposit stated in the deposit document of this case is that the Defendant intended to expropriate the land of this case 238m2 and 413m2 (hereinafter “instant land”) in Sungnam-si, Sungnam-si in accordance with the Housing Site Development Project and pay the compensation for its expropriation. However, the land owner of this case cannot receive it due to the unknown address.
(Article 40 (2) 1 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects). / [Grounds for recognition] of no dispute, entry of evidence No. 1, the purport of the whole pleadings.
2. Comprehensively taking account of the respective descriptions of Gap evidence Nos. 2 and 6 (including the number of branch numbers) and the purport of the entire pleadings in this court, the facts that "A (resident: Sungnam-si)" completed each ownership transfer registration and transfer registration as to the land of this case on June 9, 1971, the plaintiff's domicile on his resident registration was "Gwanju-gun E (current lot number: Sungnam-gu party branch office B)" around 1971, and the plaintiff's domicile was written as "Manam-si, Sungnam-gu, Seoul-gu, Seoul-si, which acquired ownership on June 8, 1971, and the copy and land cadastre of 202 square meters of the F-si, Sungnam-si, which acquired ownership on June 8, 1971.
If so, A and the plaintiff registered as the owner on June 9, 1971 on the copy and land cadastre of the land of this case, their names and addresses are mutually consistent.
Therefore, it is reasonable to deem that the “A” stated in the deposit certificate of this case as the principal is the same person as the Plaintiff.
Therefore, at the time of expropriation of the instant land, the Plaintiff acquired the right to claim payment of deposit due to the deposit of this case.
and the defendant.