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(영문) 대전지방법원 2021.01.28 2019가단125987

공탁금 출급청구권 확인

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All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

Facts of recognition

A. On the land register in Daejeon Seo-gu H (hereinafter “instant land”), the address is indicated as having been transferred on June 1, 1922, the title of which was transferred on the land register of Daejeon Seo-gu H (hereinafter “J”).

B. The Defendant, in accordance with the public notice of the implementation plan for river works publicly notified as K under the name of the Daejeon regional office of administration of national land, followed the procedures for consultations on compensation for losses on the instant land. On October 7, 201, the Defendant deposited KRW 210,080,000 of the compensation for expropriation of the instant land by using the person under his/her deposit as J as “J” for the reason that the Daejeon District Court No. 6273 of November 22, 2011, “the location of the person under deposit was unknown” as the Daejeon District Court Decision No. 6273 on November 22, 2011. As to the instant land, the Defendant completed the registration for the preservation of ownership under the name of the Defendant on December 6, 2011.

(c)

On the other hand, the plaintiffs' prior L died on June 18, 1934 and jointly succeeded to the property of M, children, N,O, and plaintiff A, who are their spouse, and the spouse M died on February 5, 1979 and jointly succeeded to the property of M. N,O, and the plaintiff. TheO died on July 7, 2017 and jointly succeeded to the property of the plaintiff B, C, D, E, F, and GO.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 13, Eul evidence Nos. 1 through 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Under the plaintiffs' land ledger, the owners of the land of this case and the depositors of the deposit of this case are the same as L, which is the plaintiffs' preference, so there is the plaintiffs' right to claim payment of deposit of this case.

3. Determination

A. According to the evidence evidence No. 3, the plaintiffs' permanent domicile in the Line L is recognized as the facts of the Daejeon P, Daejeon P, adjacent to Daejeon P, which is the address of J (hereinafter "J on the land ledger") where the plaintiffs' permanent domicile in the Line L is the owner of the land of this case on the land ledger.

B. However, Gap evidence No. 2, this court's order market, head of Si/Gun/Gu, Q. Dong.