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(영문) 대전지방법원 2017.11.30 2016가단219461

공탁금출급청구권확인

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1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The buildings indicated in the attached list (hereinafter referred to as the “instant building”) located on the G-gu Seoul Special Metropolitan City, Chungcheongnam-si (hereinafter referred to as the “instant land”) located on the land (hereinafter referred to as the “instant building”) were unregistered buildings, and in the closed building ledger, the “I” whose address is Hdong is the “I” is indicated as the owner of the instant building.

On July 12, 2013, the Defendant deposited KRW 7,334,000 for expropriation compensation under the Daegu District Court Decision 754 decided July 12, 2013, on the ground that the exact owner of the building could not be known when the Defendant expropriated the instant building in accordance with the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor.

(hereinafter referred to as “instant deposit”). Meanwhile, the deceased J on October 19, 2006 died, and its heir is the Plaintiffs, who are their children.

【In the absence of dispute, the pertinent building is owned by “the deceased J” and “I”, the owners of “the deceased J” and “I” on the closed building register of the instant building alleged by the plaintiffs, as the facts of lack of dispute, the entries of Gap Nos. 1 through 6 (including partial number of defenses), the purport of the whole pleadings, and the purport of the plaintiffs’ assertion as to the judgment of the plaintiffs.

Therefore, the Plaintiffs have the right to claim the payment of deposit money according to their shares in inheritance against the instant deposit money.

Judgment

The following circumstances, which are acknowledged as being comprehensively taken account of the aforementioned basis of recognition, Gap evidence No. 9, the fact-finding results of this court's fact-finding with respect to K pages of this court, namely, the fact-finding report was made by the " Net-si G on L date", and the plaintiffs were born from the above G during the period from 1958 to 1967. The plaintiff D completed the registration of preservation of ownership on July 28, 1994, and received compensation for expropriation from the defendant on November 22, 201, and there is no evidence to deem that the "MaJ" and the Dong-person existed in the Dong-si Si of Gyeonggi-si.