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(영문) 창원지방법원진주지원 2020.01.08 2019가합11527

공탁금 출급청구권 확인

Text

1. Deposit money deposited by the Korea Land and Housing Corporation at the Changwon District Court Jinwon Branch on May 7, 2019 as gold No. 422 in 2019.

Reasons

1. Determination as to the claim against the defendant B

(a) The facts below the facts of recognition are recognized by comprehensively taking into account the respective descriptions of Gap evidence 1 to 4 (including the number of pages) and the overall purport of the arguments.

1) The deceased I (hereinafter “the deceased”).

A) On July 13, 2015, the deceased’s heir, including the Plaintiff, inherited the deceased on July 13, 2015, and the deceased’s heir, including the Plaintiff, inherited the deceased as follows. As the heir’s heir’s heir, the deceased inherited B 1/5 Plaintiff 1/5 K 1/5, Defendant C1/5 Defendant C1/20 deceased (the deceased on December 29, 2012), a child of the deceased’s heir, who is the deceased’s sibling (the deceased on December 29, 2012), by inheritance on behalf of the deceased, the deceased was inherited as Defendant D1/20 E 1/20, Defendant F1/20, and Nonparty F1/202).

3) The Plaintiff filed a petition for adjudication on the division of inherited property with the Busan Family Court 2016Dhap20027, and the above court rendered a judgment on September 26, 2017 on the division of inherited property of the deceased, including the real estate listed in the separate sheet No. 2, but the Plaintiff independently owned the inherited property of the deceased, and made a judgment on the division of inherited property by cash settlement in the amount equivalent to the specific share of inheritance of other inheritors. Accordingly, the Plaintiff appealed with the Busan High Court 2017B5020, but the above court dismissed the above appeal on March 13, 2019, and dismissed the appeal and changed the judgment of the first instance court to the effect that the Defendant E, Defendant F, and Nonparty was paid the cash settlement amount to K due to the death of the Plaintiff while the appeal was pending (the reappealed by the Supreme Court 2019S567, as Defendant C, D, E, and F, and thus the said reappeal became final and conclusive as of July 12, 2019.

4) Under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, the Korea Land and Housing Corporation expropriates real estate listed in the separate sheet No. 2 as N as N’s project site on May 7, 2019, in total as KRW 1,072,466.