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(영문) 전주지방법원 2018.04.26 2017가단23693

공탁금출급청구권자 확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The farmland, B, 14876 square meters of forest land in Jeonju-gun, Jeonju-gun (hereinafter “the forest before division”), was divided in around 2010, and was divided into C, 10220 square meters of forest land, D, 2281 square meters of forest land, E, 1686 square meters of forest land, 59 square meters of forest land, 630 square meters of G forest land (hereinafter “the land area, land category, and area”).

B. The Defendant purchased 1/4 shares out of G forest 630 square meters in relation to the adjudication of expropriation of land, etc. to be incorporated into a H district-based comprehensive agricultural development project, and deposited KRW 4,747,00,000 on the ground that 1/4 shares out of G forest 685 square meters were used for the land owner, but the Defendant intended to pay 4,747,000 won to the land owner. However, on August 9, 2012, based on Article 40(2)1 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (Article 487 of the Civil Act), the deposited person deposited KRW 4,740,00 on the ground that he/she cannot know the landowner’s address and location.

(No. 2621 of Jeonju District Court No. 2012, hereinafter “instant deposit”) 2. Whether the instant lawsuit is lawful

(a) consider ex officio;

B. In the case of a deposit of absolute uncertainty that is not clearly identified as the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the person who is the true compensation, the person who is the person who is the person who is the person who is the person entitled to receive the deposit

(c) In cases where the person entitled to the compensation is not able to receive it because his/her address is unknown, and the project operator deposits the compensation pursuant to Article 40 (2) 1 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, and where the project operator deposits it, the person who is the legitimate right holder of the deposit but is refused to pay the deposit from the deposit public official shall be legally entitled.