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(영문) 의정부지방법원고양지원 2015.09.25 2015가단70214

공탁금출급청구권확인

Text

1. A land expropriation ruling made by the Defendant, deposited by the Goyang-gu District Court on October 12, 2009 as the 2009 Gold-gu 3880.

Reasons

1. The defendant's judgment on the defendant's main defense is not only unclear about the substance of the plaintiff's clan, but also defense that it is unclear whether the plaintiff's representative has the power of representation.

In full view of the overall purport of the arguments in the statement of the evidence No. 15 to No. 17, the plaintiff clan is a clan that carries the descendants of No. 17 years of age B, and the representative C is appointed as a representative through legitimate procedures and has the power of representation of the plaintiff clan.

Therefore, the defendant's main defense is without merit.

2. Judgment on the merits

A. The facts of recognition (1) as of December 4, 1971, D, the representative director of the Plaintiff clan, registered the ownership of the land in the name of the E Forest land E 12694 square meters (hereinafter “instant land”), and the domicile of the clan as “Seoul Seo-gu F, Seoul,” which is its domicile at the time of the registration of the ownership.

(2) The Plaintiff clan paid and managed the property tax on the instant land, and the Defendant accepted the instant land under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, and deposited the deposited money with the name of the deposited money stating that the deposited money may be known of the place of the deposited money’s location on October 12, 2009, KRW 265,939,30,000, which is the property tax on the instant land.

(3) On the other hand, the foregoing “GC” was mistakenly recorded in the course of computer processing the entry into “AC”, and the Defendant corrected the name of the person to be deposited into “AC” on September 17, 2014.

(4) The clan clan recognizes that the instant land is the property managed and owned by the Plaintiff clan.

[Recognition of Facts] The facts without dispute, the statements in Gap evidence 1 to 14, the fact inquiry results about Gap's branch, the purport of the whole pleadings

B. The reason why the land in this case, which appears in the above facts of recognition, was registered as preservation of ownership in the name of “AC”, and the said land is the clan of the Plaintiff.