공탁금 출급청구권 확인
1. The Defendant deposited on August 2, 2016 by Daejeon District Court No. 1626, Daejeon District Court 2016 KRW 151,943,950.
1. The facts acknowledged are: (a) the forest and field government, and the cadastral record, etc. were destroyed by the Korean War; and (b) the owner was restored on May 1, 1955; and (c) the land that had undergone registration conversion on September 1, 1960 was currently unregistered as of the Daejeon Seo-gu C, Daejeon-gu, Daejeon (hereinafter “instant land”).
A person registered as the owner on the land cadastre of the instant land is indicated as D'E'.
D’s permanent domicile in Daejeon Sung-gu, Daejeon, was born F and died on May 15, 1958. On April 14, 194, 194, Nam-nam G had already died, and D’s 3 South and North H on May 31, 1954, and I succeeded to Australia solely after I died.
Since then, the wife J died on September 15, 1967, and I died on October 30, 1967 with K and on January 24, 1993, and his heir died, and there was K, a self-employed L, a plaintiff (A), M, N,O, P, Q, R, and R (the mother of Q and R among them is K).
As K died on December 22, 2014, Q and R and S inherited their own consciousness.
After that, R died on January 14, 2016 and succeeded to wife T, G, V, and W.
Around July 29, 2017, I’s heir [L, Plaintiff, M, N,O, P, Q, and R’s substitute heir (T, U,V, and W), who is the sole heading heir of D, agreed on the division of inherited property with the content that the Plaintiff would succeed to the instant land owned by D.
The Plaintiff managed the instant land for a long time, and paid taxes and public charges.
On August 2, 2016, the Daejeon District Court deposited KRW 151,943,950 for the reason that the owner is unknown, based on the Daejeon District Court Decision No. 1626 on August 2, 2016, in order to implement a special zone development project, which is a public project pursuant to Article 4 subparag. 5 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.
[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 48 (including each number), the purport of the whole pleadings]
2. Determination
A. According to the above facts of recognition, the above facts of recognition are examined.