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(영문) 창원지방법원통영지원 2015.09.08 2015가단952

공탁금출급청구권확인청구

Text

1. On February 14, 2013, the Defendant deposited 25,254,00 won with the head of Changwon District Court’s Tong-won Branch Deposit Deposit Money No. 146 for 2013.

Reasons

1. Facts of recognition;

A. C (A) on June 5, 1914, on a condition that he/she owned the E cemetery 102 square meters (hereinafter “instant land”). On August 9, 1917, 1917, on the ground that he/she owned the instant land solely by inheritance, and on the other hand, he/she was deceased on July 10, 1929. The head, South and North, and Australia’s heir solely inherited the said land, and on July 27, 1953, he/she was declared missing on July 27, 1958 due to the expiration of the period of disappearance on July 27, 1958, and thus, he/she was declared missing on November 26, 2014.

B. The Defendant obtained the authorization to establish a housing association from Si-si on July 25, 201, and the approval for a new project plan on September 19, 201, 201, which newly constructs a collective housing on the 34,181 square meters in Yong-do, Yong-do, Yong-do, Yong-do. It is impossible to verify the location of the owner of the instant land located in the project site. On February 14, 2013, when exercising the right to demand sale under Article 18-3 of the Housing Act on February 14, 2013, the Defendant deposited the deposited amount of KRW 25,254,00 (hereinafter “instant deposit”).

C. On June 21, 2013, the Defendant filed a lawsuit against the Republic of Korea and G seeking a judgment against the Changwon District Court 2013da6369 to confirm that the instant land is owned by C. G, the Plaintiff, as a custodian of G, accepted the Defendant’s claim on October 18, 2013, and the Defendant and the Republic of Korea confirmed a settlement recommendation decision on November 7, 2013 to confirm that the instant land is owned by C. On February 24, 2014, the Defendant completed the registration of ownership transfer on behalf of G in subrogation of G, and completed the registration of ownership transfer on February 14, 2013 on the ground of sale in the future.

On the other hand, G has expired the period of disappearance.