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(영문) 서울중앙지방법원 2018.04.26 2017가합584931

공탁금 출급청구권 확인

Text

1. The plaintiff's action against the defendant is dismissed.

2. Between the Plaintiff and the Defendant Chungcheongnam-do Development Corporation:

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 12 (including each number, if any).

In addition to B 1,058 square meters prior to C, 698 square meters prior to D, and 2,063 square meters prior to D (hereinafter collectively referred to as “each of the instant lands”), Chungcheongnam-do, Chungcheongnam-do, was unregistered, and each of the instant lands was circumstances in the name of Nonparty E on May 5, 1912, and was finally registered as transfer of ownership to Nonparty F on the same day on March 29, 193, and the ownership was finally transferred to the Plaintiff on the same day.

B. Defendant Chungcheongnam-do Development Corporation (hereinafter “Defendant Corporation”) filed an application for adjudication on expropriation of each of the instant land in order to implement the “G District Urban Development Project”.

On April 17, 2017, the Chungcheongnam-do Regional Land Expropriation Committee calculated the compensation for expropriation while rendering a ruling on expropriation of each of the instant lands. On June 1, 2017, the Defendant Corporation entered the said compensation in the Depository column as “a prisoner’s uncertainty” on the ground that each of the instant lands was unregistered, and the said compensation is unclear, and on June 1, 2017, the Defendant Corporation deposited the said compensation in the Depository column, and then, on the following grounds: (a) the deposit number of the relevant land was deposited in the Daejeon District Court of Daejeon-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, 2017, No. 507, No. 337,819,400, 2017, Seosan-do, Seonam-do, Daejeon-do, 698m221,161,300, Seojin-do, 2017, the deposit number was deposited in the Daejeon District Court of Daejeon-do, No. 2065030,59,508.

C. On November 29, 2017, after the Central Land Expropriation Committee’s ruling on objection, Defendant Corporation deposited the increased amount of compensation for each of the instant lands as indicated in the column of deposit in the column of deposit in the following table.

F. The status of Defendant Corporation

1.(b)

each deposit in the subsection and all of the deposits in this subsection shall be deemed to be "each deposit in this case".

(2)the deposit amount of the relevant land deposit number (2) 1,058 m2,00 m2,000 m2,000 m2,000.