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(영문) 수원지방법원성남지원 2015.06.05 2014가단33047

공탁금출급청구권확인

Text

1. On January 30, 1987, the Korea Land Development Corporation deposited with the Seoul Northern District Court No. 87 Gold 493 on January 30, 198, out of KRW 13,116,00.

Reasons

1. Facts of recognition;

A. On October 18, 1913, the land research division drafted during the Japanese occupation point period: (a) stated F was under the circumstance that the land survey division was located in Yang-gun E, Yang-gun, Yangju-gun, and 3,102 (hereinafter “instant land before the instant subdivision”).

B. On June 4, 1951, the Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties died and solely inherited the Plaintiff’s property. G was dead on February 15, 1976 and upon the death of February 15, 1976, the Plaintiff jointly succeeded to the Plaintiff’s property. H was deceased on January 27, 1985, and H was deceased on the part of the appointed parties C, D, Selection, B, and SH’s property jointly inherited the Plaintiff’s property, 30/117, and C’s share of inheritance of the selected parties C, 43/117, and 14/17, and D’s share of inheritance of the designated parties D.

C. On June 22, 1978, part of the land before the instant partition was made up of 185 square meters and 56 square meters in JJ-si, Dobong-gu, Seoul (hereinafter “each of the instant real estate”) around June 22, 1978, following division, land category change, administrative jurisdiction change, area conversion, etc.

The Korea Land Development Corporation (the name was changed to the Korea Land Corporation, but the defendant was merged into the defendant on October 1, 2009; hereinafter "the defendant") has obtained approval for the housing site development plan on April 7, 1986 and has executed the housing site development project for the Seoul Relay Area with respect to each real estate in the process of implementing the housing site development project for the Seoul Relay Area with respect to each of the real estate in question on January 14, 1987 after undergoing the procedure of adjudication for expropriation by the Central Land Expropriation Committee on January 30, 1987, and deposited 13,116,000 won for each of the real estate in his own name on March 30, 1987 (hereinafter "the deposit of this case"), and completed the preservation of ownership on March 30, 1987.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 8 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. Determination on the defense prior to the merits

A. The summary of the defense is the defendant of this case.