공탁금 출급청구권 확인
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) the reasoning for the acceptance of the judgment of the court of first instance is to dismiss the “ February 9, 2017,” under the third and nine acts of the court of first instance, “ February 2, 2017,” and (b) the reasons for the judgment of the court of first instance are the same as the reasons for the judgment of the court of first instance, and thus, they are
2. The Plaintiff asserts that the Plaintiff may exercise the right to claim compensation against Defendant B and 6, insofar as Defendant C and six other parties did not receive the compensation for expropriation, the Plaintiff’s additional determination made a deposit of land expropriation, and that the Plaintiff may exercise the right to claim compensation against Defendant B and 6.
However, in order to exercise the right to claim the registration of transfer on the ground that the person who acquired the right to claim the registration of transfer on the ground of the expiration of the period of acquisition of the ownership of real estate due to possession has been able to exercise the right to claim the registration on the ground that the right to claim the registration of transfer has been expropriated and the right to claim the registration on the ground that the period of acquisition of the real estate due to possession of the title holder has expired before "Impossibility of performance" (see, e.g., Supreme Court Decision 9Da5422, May 11, 199). It is reasonable to view that whether Defendant B and six other persons have received the deposited compensation does not affect the right to claim the registration.
In addition, according to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, which is applied mutatis mutandis under Article 22(2) of the Urban Development Act (hereinafter “Land Compensation Act”), a project operator may deposit compensation when it is impossible to identify a person entitled to compensation without negligence (Article 40(2)2 of the Land Compensation Act), a landowner, etc. shall deliver or transfer the relevant land or goods to the project operator by the commencement date of expropriation (Article 43 of the Land Compensation Act), and the project operator shall do so on the commencement date of expropriation determined by the competent Land Tribunal by adjudication.