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(영문) 대구지방법원김천지원 2019.08.16 2018가합15355

공탁금출급권 양도

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. As a result of the hearing of the instant case, the following facts are recognized:

A. The plaintiff clan is the clan that is comprised of the 20-year-old descendants D [D and E] of C and its descendants as a mid-term ward.

B. On June 29, 1965, the answer 794 square meters (referring to the land identical to the land indicated in the attached list; hereinafter “instant land”) in the name of B (B) (G) on October 20, 1950, the cause for registration was the land for which the transfer of ownership was registered under the name of B (B) (G) on the basis of sale on October 29, 1965.

C. Nonparty Korea Water Resources Corporation, as a concessionaire of H projects, applied for adjudication on the expropriation of the instant land to the Central Land Expropriation Committee in 2012. The said adjudication was made by the Central Land Expropriation Committee to expropriate the instant land in KRW 213,937,50, and became final and conclusive around that time.

On December 11, 2012, Article 40(2)1 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) provides that “When a person entitled to the compensation refuses to receive it or is unable to receive it, the Korea Water Resources Corporation shall deposit the compensation.”

Based on the foregoing, the Daegu District Court issued a deposit of KRW 213,937,50 for expropriation compensation (hereinafter “the deposit in this case”) with No. 1513 in 2012 as the Daegu District Court Kimcheon-do Branch of 1513, and stated as follows: “B, U.S. G”; “B, the depositor is a project operator of an industrial complex development project (I) under Article 40(1) of the Land Compensation Act; and “I will pay KRW 213,937,500 of the compensation determined by the Central Land Tribunal for the instant land to be incorporated into the said project; however, I will deposit the deposited copy of resident registration for B which the deposited person is unable to receive with the computer inquiry.”

E. On February 8, 2013, the Korea Water Resources Corporation completed the registration of ownership transfer on the instant land based on expropriation on December 17, 2012.

F. The plaintiff clan.