beta
(영문) 부산지방법원 2015.01.14 2014가합48784

소유권확인

Text

1. On June 30, 2014, the Defendant deposited with the Busan District Court No. 4451 on 2014, 393,633,650 won to the Plaintiff.

Reasons

1. Basic facts

A. In the Gangseo-gu Busan Metropolitan City’s 1,66m2 (hereinafter “instant land”)’s entire registration certificate Gu, “transfer of ownership”, “acquisition No. 15438, Dec. 23, 1966”, “Sale on December 3, 1966”, “holder A Kimhae-gun,” and other matters are indicated as “owner Am2,” for the purpose of registration.

B. The list of the certificate of the closed register of the instant land is indicated as “owner A Kimhae-gun C”.

C. The Defendant intended to hold a compensation consultation pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects as the instant land was incorporated into an international industrial complex in the general industrial complex, but did not recognize the Plaintiff as the owner of the instant land without recognizing the Plaintiff as the owner of the instant land due to the difference between the address of the owner on the entire certificate of registered matters and the Plaintiff’s resident registration. On June 30, 2014, the Defendant deposited KRW 393,63,650 as the Busan District Court No. 4451, Jun. 30, 2014, the Defendant deposited KRW 393,63,650 as the deposited person A (the address

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1, 2, and 12; the purport of the whole pleadings

2. The plaintiff's assertion and judgment are the owner of the land of this case, and the right to deposit and withdraw land compensation is alleged to be the plaintiff. Thus, the following facts are acknowledged in full view of the evidence mentioned above, Gap evidence No. 3-4 through No. 6, 16, and 27, and the purport of the whole argument in the plaintiff's principal examination result.

① On August 30, 1960, Busan Gangseo-gu, Busan, which was adjacent to the instant land, acquired the Plaintiff’s ownership on the grounds of sale and purchase, and on August 30, 196, F, who was his son, received ownership transfer around August 1984. The said land was installed with the Plaintiff’s grave (hereinafter “instant grave”). The said land was divided into D forest land 22,534 square meters and G cemetery 114 square meters.

② H This case from the Plaintiff.