공탁금 출급청구권 확인
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. Summary of the plaintiff's assertion
A. Each of the instant lands owned by the Defendant (hereinafter “each of the instant lands”) in the Nam-gu, Dong-gu, Chungcheongnam-gu, and D (hereinafter “the instant lands”). On March 2017, the Republic of Korea accepted each of the instant lands and deposited the deposit money indicated in the separate sheet “mark of deposit money.”
On the other hand, Plaintiff E’s spouse and other Plaintiffs’ referenceed each of the instant lands to Plaintiff E was occupied in peace and openly with intent to own each of the instant lands for at least 20 years, and at least acquired the ownership of each of the instant lands on January 1, 2014.
B. In addition, the deceased K, as well as A, cultivated each of the instant land owned by the Defendant as an orchard. A around 194, the Defendant donated the instant land cultivated by K and A as an orchard and acquired the ownership of each of the instant land at that time by K and A around that time. Accordingly, the Defendant, including each of the instant land, received compensation for the expropriation of each of the instant land owned by the Defendant to the Highway Corporation. Around 198, he received only the compensation for the remaining land owned by the Defendant except each of the instant land, and moved to the United States.
C. Therefore, the Defendant is obligated to transfer the right to claim for payment of deposit money to the Plaintiffs, who are the deceased’s successors, on the deposit money indicated in the attached Form “amount of claim according to shares in inheritance” (hereinafter “each deposit money according to shares in inheritance”) among the deposit money indicated in the attached Form No. 1, and notify the Republic of Korea thereof.
2. Determination
(a) In order to exercise the right of claim for registration based on the expiration of the period of acquisition of ownership of real estate due to possession, for the exercise of the right of claim for registration, the right should have been claimed for that right on the ground that the period of acquisition of ownership due to possession of the title holder has expired before it is impossible, or the right of claim for registration based on the expiration of the period of acquisition has been claimed or exercised before it is impossible to perform.