공탁금 출급청구권 확인
1. On March 19, 2018, the Defendant deposited with the Innju District Court No. 295 in gold No. 2018, 127,062,40, the Plaintiff.
1. 토지수용보상금의 공탁 피고(관리청 국토교통부, 사업시행자 한국도로공사)는 경기 양평군 J 토지를 수용한 후 그 등기부상 소유 명의자인 K의 주민등록상 주소 및 현재 소재를 앝 수 없어 지급불능이라는 사유로 2018. 3. 19. 수용보상금 127,062,400원(이 사건 공탁금)을 피공탁자를 K으로 하여 수원지방법원 여주지원 2018년 금 제295호로 공탁하였다
(C) 2. The Defendant asserts that the instant lawsuit is unlawful as there is no interest in confirmation.
As seen earlier, the deposited money of this case is K. However, the deposited money of this case is “infeasible deposits” (Article 2(a)(2)(c) of the Guidelines for Handling Affairs concerning Deposit of Land Expropriation Compensation for the reasons that the existence of the heir cannot be known. In this case, the heir of the deposited person asserts that the deposited person is the person entitled to receive the real compensation has unstable and dangerous legal status, and as such, the deposited person can receive the deposited money by obtaining a confirmation judgment that the right to claim the payment of the deposited money belongs to himself/herself, and thus, the benefit of confirmation is recognized.
3. The plaintiffs' right to claim payment of deposit money
A. K, the owner of the above expropriated land, died on September 5, 1966, and as at the time of the death, three sons (ma, N) and three sons (O (O (O on April 20, 1951 and P, Q, inheritance, etc.)) succeeded to property.
L upon the death of May 19, 1967, L succeeded to the property by the spouse R and two sons [the spouse T, U, and the plaintiff A due to the death of 1950 or 1951, his spouse T, the plaintiff A], and his son [V, W (the death of November 12, 1957, and the plaintiff B, C, and the plaintiff D], and the subsequent R succeeded to the property again on November 21, 1975.
T = 195.