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(영문) 대구지방법원김천지원 2015.09.09 2015가단3040

공탁금출급권자확인

Text

1. The Defendant shall have the right to pay each deposit money under Daegu District Court Decision 453, 2002, and 23, 2015, respectively.

Reasons

1. Basic facts

A. On November 23, 1912, B (B, C) was assessed against D forest land 1,587 square meters (hereinafter “land before subdivision”).

B. The land prior to the subdivision was divided into 1,158 square meters of D forest land and 429 square meters of forest land E on January 4, 2002

(hereinafter “instant land”). C.

On October 25, 2002, the Defendant deposited KRW 2,930,070 as the Daegu District Court Decision 453, 2002, the Defendant deposited KRW 2,930,070 on the ground that the deposited person had only his name (B) and no accurate address on the land cadastre, on the ground that he had no accurate address.

(hereinafter “instant first deposit”) D.

On January 9, 2015, the Defendant deposited KRW 68,090,40 as the Depositer under the Daegu District Court Kimcheon-gun Branch 23 in 2015, on the ground that the deposited person was unregistered and his/her land cadastre address and resident registration address are different.

(hereinafter referred to as “the Second Deposit”) and (c) collectively as “the instant deposit money.” (e)

G, the Plaintiff’s legal domicile of the Plaintiff, died on July 16, 1930 as “Amsan-gun H,” and his heir died on September 23, 1947. The heir J died on December 15, 1987.

F. On July 24, 2014, J’s co-inheritors completed an inheritance division agreement with the purport that the Plaintiff unilaterally inherited the instant land.

G. On September 24, 2014, the Plaintiff filed a lawsuit against the Republic of Korea to verify the ownership of 1,158 square meters of the Gu-U.S. D forest land owned by the Plaintiff. On January 29, 2015, the Daegu District Court rendered a favorable judgment against the Plaintiff on January 29, 2015, and the said judgment became final and conclusive on February 17, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination

A. The facts of the above determination as to the cause of the claim and the following facts acknowledged based on each basis of recognition, namely, G, the Plaintiff’s increased portion of evidence, and the instant case.