공탁금출급청구권 확인
All appeals filed by the Defendant-Counterclaim Plaintiff and the supplementary appeal filed by the Plaintiff (Counterclaim Defendant) are dismissed.
The costs of appeal are assessed against the defendant.
1. First, we examine the Defendant (Counterclaim Plaintiff, hereinafter “Defendant”)’s grounds of appeal.
Article 40(2)1 and 2 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”) provides that “If a person entitled to compensation refuses to receive it or is unable to receive it (Article 40(2)1) or a project operator’s person entitled to compensation is unknown without any negligence (Article 2(2)2), the project operator may deposit the compensation at the deposit office in the location of the land to be expropriated by the commencement date of expropriation.”
Here, a "person entitled to compensation" means a "land owner at the time of the commencement date of expropriation," which loses ownership of the land subject to expropriation as a creditor entitled to compensation for expropriation.
Therefore, where a project operator deposits land expropriation compensation pursuant to Article 40 (2) 1 of the Public Works Act, he/she shall deposit the land owner as at the time of the commencement date of expropriation with the deposited person, and where he/she deposits the land to a person who is not the landowner as at the time of the commencement date of expropriation with the deposited person, the deposited person cannot obtain the right to claim
Furthermore, even in cases where a project operator deposits relative uncertainty pursuant to Article 40 (2) 2 of the Public Works Act, a person who does not fall under the landowner at the time of the commencement date of expropriation shall not be entitled to claim the payment of deposit money for expropriation compensation, except in extenuating circumstances.
Meanwhile, in the event of title trust of real estate ownership, such ownership belongs to the title trustee completely in external relations, and even if the title trust is terminated, such ownership does not return to the truster as a matter of course unless the registration of ownership transfer is completed in the future
(see, e.g., Supreme Court Decision 81Da372, Nov. 23, 1982). The title trustee dies.