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(영문) 대구지방법원김천지원 2020.08.12 2020가단30060

공탁금 출급청구권 확인

Text

1. The separate list of the deposited money deposited by the Defendant in the Daegu District Court Kimcheon-gu, 2018 as the gold No. 877, 90,546,770 won.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged in full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 1, 2, 2, 3, and 4-1, 2, 3, 5, 11, and 12.

On March 10, 1957, with respect to the share of 600 percent on the ground of sale as of March 10, 1957, Kimcheon-si 2648 square meters (hereinafter “instant land”), the ownership transfer registration was completed in the name of K on February 9, 1965, and with respect to the share of 201 percent, the ownership transfer registration was completed in the name of L on February 9, 1965.

B. Since then, the registration of ownership transfer was completed in the name of M on July 18, 2017 with respect to L’s share in the instant land on September 15, 1999 due to inheritance by agreement and division as of September 15, 2017. As to the above M’s share, the registration of ownership transfer was completed in the name of the Defendant on December 8, 2017 on the ground of the acquisition of consultation on the public land as of December 7, 2017.

C. On August 31, 2018, the Defendant accepted K’s shares (600/80) out of the instant land through the adjudication of expropriation by the Central Land Tribunal of Gyeongcheon-do, which was the project implementer of the NB, and deposited KRW 90,546,770 as compensation money under the Daegu District Court Decision 877 in 2018, by designating the deposited person as the “K and Kimcheon-siO” with respect to the compensation for the said K’s shares.

(hereinafter “instant deposit”). D.

The fact of the cause of deposit in the deposit form is that "I will deposit the amount of KRW 90,546,770 of the compensation adjudicated by the City and Do local Land Tribunal, but it becomes insolvent because I could not know the person's resident registration address and present whereabouts," and Article 40 (2) 1 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter "Land Compensation Act").

E. Since then, K’s shares (600/80) in the instant land (600/80) are subject to land expropriation conducted on October 22, 2018, under the name of the Defendant on October 26, 2018.