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(영문) 대구지방법원 2017.08.18 2017가단100557

약정금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Jincu (hereinafter “Jincu”) is a clan consisting of descendants, who jointly set up L 14 large descendants, from K 28 large descendants, M. 14 large descendants.

B. On January 19, 1939, N completed the registration of preservation of ownership on the ground of having been subject to assessment on the 214 square meters (707 square meters, hereinafter “undivided land”) prior to Daegu-gu, Daegu-gu.

C. On December 4, 1939 with respect to the land before subdivision, the registration of ownership transfer was completed with respect to shares of 1/2 shares on the grounds of trade in P and Q in November 30, 1939.

Daegu Metropolitan City: (a) incorporated the 528m2, Seo-gu, Daegu (hereinafter “instant land”) divided from the partitioned land into the “Sroad Construction Project” project that was publicly announced as R in Daegu Metropolitan City public announcement, and carried out the expropriation procedure.

E. On April 27, 2010, Daegu Metropolitan City deposited KRW Q 81,309,600 equivalent to Q 1/2 shares out of the compensation of the instant land in accordance with the adjudication of expropriation by the Central Land Expropriation Committee on the ground that it was impossible to identify the person to be deposited in the said land as of April 27, 2010 as the Seogu District Court Branch Branch of the Daegu District Court in 907 in Q 1

(F) On October 26, 1965, Q Q, the permanent domicile of which was established in the “Seoul-gun U, Gyeong-gun,” succeeded to the property of the net Q Q by Defendant C, his child, Defendant G, Defendant H, Defendant H, and Defendant I, who was denied, and on February 2, 2009, the net V succeeded to the property of Defendant D, Defendant E, his child, and Defendant F, the husband of which died.

사. 종중은 자신이 1939. 11. 30. N로부터 분할전토지를 매수하면서 종중원이자 맏종손인 P와 Q의 명의로 각 1/2지분씩 명의신탁하여 소유권이전등기를 마치고 위토답으로 관리하여 온 것인데, 망 Q의 상속인들인 피고들에 대하여 위 명의신탁계약을 해지하였으므로, 피고들은 명의신탁해지에 따른 원상회복으로써 각 상속지분에 대하여 원고에게 이 사건 공탁금출급청구권에 관하여 채권양도의 의사표시를 하고, 대한민국 소관 :...