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(영문) 서울중앙지방법원 2018.05.01 2017가단53119

공탁금출급청구권 확인

Text

1.(a)

Defendant B deposited the Plaintiff with the District Court No. 748 of 2016, Feb. 2, 2016, the Republic of Korea deposited the Plaintiff as a gold No. 748 of 81.

Reasons

1. Indication of claim;

A. Korea accepted part of F forest land in Namyang-si, Namyang-si, for the risk improvement construction of the E segment among national highways D, and deposited land expropriation compensation to co-owners, including the Plaintiff and the Defendants.

B. The Plaintiff and the Defendants shared G forest land with other co-owners in South Korea.

In the conciliation case of partition of co-owned property, the Seoul East Eastern District Court 2011ma233, conciliation on partition among co-owners was established.

C. Although the land was not registered under the Plaintiff’s name, the land that Korea accepted is part of the land divided as owned by the Plaintiff in the above conciliation case.

Therefore, the compensation deposited by the Republic of Korea with the Defendants should be reverted to the Plaintiff.

2.(a)

Claim against Defendant B: Confession (Article 208(3)2 of the Civil Procedure Act)

(b) Claim against Defendant C: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act)