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(영문) 인천지방법원 2018.12.13 2018가합523

공탁금출급확인

Text

1. The Defendant deposited to the deposit officer of the Incheon District Court on January 9, 2018 with the amount of KRW 33,00,000,000, which was deposited in gold No. 207 in 2018;

Reasons

1. Basic facts

A. On September 13, 1986, the Plaintiff completed the registration of ownership transfer with respect to the land of this case (hereinafter “instant land”). At that time, the Plaintiff newly constructed a building (hereinafter “instant building”) with a building permit granted on the ground of this case.

B. On November 29, 2017, the Incheon Metropolitan City Regional Land Tribunal: (a) determined the commencement date of expropriation as January 23, 2018 for the residential environment management project for the revolving village including the instant land, etc.; and (b) rendered a ruling of expropriation.

C. On January 9, 2018, the Defendant: (a) on the ground that registration was not completed with respect to the ground floor01, ground floor02, ground floor03, 102, and 201 (hereinafter “each of the instant units”) among the instant units of the building; and (b) on the ground that the inmate’s identity was not known, the Defendant deposited the amount of compensation for confinement for each of the units of the instant units of the instant units of the building (hereinafter “each of the instant units”).

(units) Deposit No. 207 No. 33,000,000 Gaoo-202 of 2018, 2018, the court of this Court No. 209 33,000,000 Gao-210 of 2018, 100 Gao-210 of 2018, 20010 Gao-212, 44,666, 60201 of 2018 of this Court of this Court of this Court of 2018

D. The building of this case or each subparagraph room of this case is unregistered until the date of closing argument of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, it is reasonable to view that the Plaintiff, the owner of the building of this case, acquired the Plaintiff’s original acquisition.

Therefore, the right to claim the payment of each of the instant deposits, which constitutes the compensation for the expropriation of each of the instant rooms, also belongs to the Plaintiff.

Furthermore, if a project operator deposits compensation pursuant to Article 40 (2) 1 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, a due deposit shall be made.