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(영문) 광주지방법원순천지원 2016.12.08 2016가합10170

공탁금출급권자확인

Text

1. Of the KRW 204,925,70 deposited by the Defendant under the 2267 gold No. 2267 of the Gwangju District Court’s Netcheon Branch on December 12, 2014, attached Table 1.

Reasons

1. Basic facts

A. The Defendant (competent authority) intended to acquire L 2,317 square meters (hereinafter “instant land”) in consultation for the construction of sub-Gangyang Do road expansion works, but it was impossible to pay compensation due to the impossibility of identifying the owner. As such, on November 20, 2014, the Central Land Expropriation Committee received a ruling of expropriation from the Central Land Expropriation Committee.

B. The Defendant deposited 1/9 shares out of the instant land with the Gwangju District Court net support No. 2271 in 2014, on the ground that he/she was aware of all or part of the deceased M’s heir, and corrected the certificate of deposit on January 8, 2015 on the ground that he/she knew of the deceased M’s heir.

On the other hand, on December 12, 2014, the Defendant deposited KRW 204,925,70 (hereinafter “the instant deposit”) with the Gwangju District Court’s Netcheon Branch in accordance with Article 40(2)2 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, without specifying the person to receive the due compensation for 8/9 shares among the instant land, on the grounds that the person to receive the due compensation cannot be identified.

C. On the land cadastre list of the instant land (hereinafter referred to as “instant public land list”). M, N,O, P, Q, Q, R, T, and U. 9 are listed as co-owners on the ground of the transfer of ownership on June 5, 1947.

Examining the public land annual list of this case, M is entirely indicated in the name and resident registration number of N andO, but only the address of “V”, “W”, Q only the address of “X”, “Y”, and “Z”, and “S” does not indicate the address and resident registration number.

The plaintiffs' prior buyer P was deceased on January 6, 1971; Q was on June 29, 1949; Q was on September 29, 1973; S was on September 29, 1973; R was on April 5, 199; T was on May 15, 1974; and U was on September 22, 1974; the succession relation was as shown in attached Table 2.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 12.