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(영문) 수원지방법원 2015.07.17 2014가합751

공탁금출급청구권확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The title trust and division of land relating to the land before the division are completed 1) Defendant B-Class Association (hereinafter “Defendant B-Class Association”).

A) A clan is naturally created for the purpose of religious rites for the ancestor of D 14 years old, F’s descendants, including the cemetery of D 14 years old G, with the purpose of religious rites, the protection and preservation of graves, friendship among the members of the clan. (2) Defendant B’s clan was registered under the name of I (Death on March 5, 201), J (Death on April 3, 1989), and K (Death on April 3, 1989), each title trust was made with respect to one third of the above lands under the name of I, J, and K, with respect to one third of the above lands. < Amended by Act No. 2517, Nov. 26, 1971>

3) The land before the subdivision was divided into 14,568 square meters of H forest, 4,347 square meters of L forest, 3,208 square meters of M forest, and 3,208 square meters of land before the subdivision on June 7, 2003. Of that, on July 23, 2004, the land before subdivision was divided into 9,197 square meters of H forest and 5,389 square meters of N forest and 5,389 square meters of N forest and 4,895 square meters of forest and 494 square meters of forest and 494 square meters of forest and 494 square meters of land (hereinafter “instant land”).

On the other hand, on October 31, 2005, the name of the administrative district changed to "Grain-si P" Q.

B. B. The termination of the title trust on the land before division and the transfer registration under the Plaintiff’s name 1) Defendant B-friendly association filed a lawsuit against the title trustee I, J, and K on the land before division under this court’s 99Gahap13297 and received a favorable judgment from this court on October 19, 199. The above judgment became final and conclusive on December 8, 199.

2. In the event that Defendant B’s clan was expected to have been designated as a housing site development zone while Defendant B’s clan did not complete the registration of transfer of ownership within that time despite the above final judgment, the land before division was anticipated to have been paid a large amount of compensation. R, etc., at the time of Defendant B’s subdivision, as the representative