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(영문) 대구지방법원경주지원 2020.11.10 2018가단14536

보상금 청구의 소

Text

1. All of the plaintiffs' lawsuits against Defendant Samsung-si are dismissed.

2. The Korea National Railroad Corporation on May 18, 2009

Reasons

Basic Facts

The sum of 63 square meters and 814 square meters of a P river (hereinafter collectively referred to as “the instant land”) in the name of Qua and R joints, and the S ditch 145 square meters and 17 square meters of a T river (hereinafter collectively referred to as “the instant land”) were assessed in the name of Qua.

On July 31, 1975, U.S., the plaintiffs' prior owner, died. The plaintiffs succeeded to U's property regarding each of the corresponding shares listed in the order of Paragraph 1 (hereinafter "each of the corresponding shares of this case").

Defendant National Railroad Corporation (hereinafter “Defendant Railroad Corporation”) was the implementer of “V” and was adjudicated by the Central Land Expropriation Committee to expropriate the instant land of this case included in the said project district, and deposited KRW 12,780,400 (hereinafter “instant deposit”) with this Court No. 366 on May 18, 2009 on the ground that the deposited person was unknown (hereinafter “instant deposit”).

Defendant Young-si, as the implementer of W business, was the implementer of Q 1/2’s share in the land of this case incorporated into the said business district, was subject to the adjudication of expropriation by the Gyeongbuk-do Regional Land Expropriation Committee on April 13, 2020, and on April 13, 2020, the sum of KRW 78,002,80,000 as U’s heir as 196, U’s heir, deposited each of the relevant shares in this case.

The Plaintiffs received each of the above deposits around that time.

[Ground for recognition] A without dispute, Gap evidence Nos. 1, 2, 5 through 22, 28 through 30 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1, Eul evidence Nos. 1, the whole purport of the pleading, and the whole purport of the pleading, there must be the benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized when a judgment of confirmation is the most effective and appropriate means to eliminate the risks existing in the plaintiff's rights or legal status. < Amended by Act No. 1431, Mar. 15, 2017; Act No. 8554, May 25, 2082>