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(영문) 대전지방법원 2020.06.03 2020가단102850

공탁금출급청구권확인 청구의 소

Text

1. The Defendant’s deposit with Suwon District Court No. 12960 for KRW 28,929,835 out of KRW 36,772,640.

Reasons

1. Basic facts

A. On November 2018, the Defendant deposited KRW 36,772,640 upon the adjudication of expropriation by the Central Land Expropriation Committee with Nonparty E, one of the heirs of the landowner’s net C, as a deposit, at the time of accepting the net C’s 1,751 square meters and depositing the compensation money.

(U.S. District Court No. 12960 b) of 2018.

The deceased on May 1969, the deceased on the deceased on the part of the owner of the above land, and the deceased on the part of the heir, the Seoul Family Court Decision 2018Radan56444, and the case principal E was missing and the period of disappearance on August 31, 1959, the adjudication of disappearance was rendered.

[Reasons for Recognition] Evidence Nos. 1 to 14, Eul Evidence No. 1

2. The plaintiff's assertion that the plaintiff did not exist in the above person who was declared missing and did not inherit by inheritance at the time of the death of E, and therefore, the inheritance shares of E were reverted to the plaintiff (appointed party) who is the heir of the deceased C and the designated person entered in the annexed list by inheritance shares. Thus, the plaintiff asserts that the right to claim payment of the deposit is sought to confirm that the plaintiff (appointed party) and the designated person are entitled to claim payment of the deposit.

In regard to this, the defendant is deemed to have died before the date of the death of C, who is the decedent, (e.g., May 1969) since the period of disappearance expired on August 31, 1959, and the defendant is deemed to have died at that time. If there is a lineal descendant of E as of August 31, 1959, which is the expiration date of the period of disappearance of E, it shall be deemed to have satisfied the requirements of inheritance by representation. However, the plaintiff's assertion that the inheritance share belongs to the remaining co-inheritors is unjustifiable.

3. The decision-making case, and E, which was rendered in the adjudication of disappearance, was removed from the Republic of Korea in the year 193, from the Pyeongan-gun F in the North Korea, the domicile of which is the domicile in the North Korea, and was removed from the military register.