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(영문) 대구지방법원김천지원 2015.11.25 2015가단6605

공탁물수령권자확인

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1. The Defendant’s contribution to KRW 8,089,60, which was deposited by the Daegu District Court Kimcheon-si in 2014 as the gold No. 1150.

Reasons

1. Basic facts

A. The Defendant expropriated 1,024m2 (hereinafter “instant land”). At the time, the said land was unregistered land and the owner on the forest land register was E (F).

B. The Defendant intended to pay KRW 8,089,600 for the instant land to E, but it is impossible to communicate, and deposited the said compensation under Article 40(2)1 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects on December 19, 2014, as the Daegu District Court Decision 1150 in 2014.

(hereinafter “instant deposit”). C.

The plaintiffs are the successors of the deceased E (the permanent domicile: the F of Gyeongbuk-gun, the death of April 15, 1949).

On October 23, 2014, the Plaintiffs filed a lawsuit against the Defendant on the 5,734 square meters of Gansi-si Gan District Court (hereinafter “U.S. 33”) and the instant land ownership confirmation claim. On July 24, 2015, the Daegu District Court rendered a decision to recommend reconciliation that “The land in Mountain 33 and the instant land are owned by each of the Plaintiffs,” and the said decision to recommend reconciliation became final and conclusive on August 12, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of recognition, it is reasonable to view that the plaintiffs' shipbuilding network E and the land E are the same person in the forest land register of this case.

Therefore, it is confirmed that the right to claim for payment of deposit money of this case is against the plaintiffs.

3. In conclusion, the plaintiffs' claim of this case is reasonable, and it is so decided as per Disposition.