공탁금출급청구권확인
1. The Plaintiff:
(a) Defendant B, C, D, E, and F respectively KRW 27,911,342;
B. Defendant G: 7,612,184 won;
C. Defendant H, I, J, and R.
1. Basic facts
A. The Plaintiff is a clan with U (1785 to 1862) a 51-year-old damage (T) as a mid-to long-term damage, and is comprised of descendants. The Defendants are the successors of the net X, who are owners of 979 square meters and W road 3 square meters (hereinafter “instant land”).
B. The instant real estate was divided into Y in Sinpo City. On May 1, 1931, after the registration of ownership transfer was completed under the name of Z on June 16, 1954, and the registration of ownership transfer was completed in sequence under the name of AB on April 20, 1972. On June 20, 1974, the registration of ownership transfer was completed under the name of X and AC on June 18, 1974 (joint sale on June 18, 1974).
C. After that, AC died on June 1, 1990, the instant real estate became the sole ownership of X, and X died on October 31, 1992.
On December 17, 2012, the Central Land Expropriation Committee rendered a ruling of expropriation to include the instant real estate in the land subject to an “AD District Urban Development Project” implemented by the Korea Land and Housing Corporation. On December 20, 2012, the registration of ownership transfer was completed in the name of the Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act (No. 54376) on the instant real estate
E. Meanwhile, on December 13, 2012, the Korea Land and Housing Corporation deposited KRW 223,290,740 of the compensation for expropriation of the instant real estate with the deposited person X and AC as X-C in 2012. The Defendants claimed for the withdrawal of the said deposit over two occasions on November 4, 2013 and March 24, 2014, and received each of the inheritance shares, as described in paragraph (1) of the same Article.
[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1 through 6, 25, Eul evidence No. 2 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. As to the defense prior to the merits
A. An extraordinary general meeting held by the Plaintiff on October 18, 2012 and March 10, 2013, which was held by the Defendants prior to the merits, is held by only a part of the clan members without notifying the said members of the available clan.