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(영문) 부산지방법원동부지원 2017.08.10 2017가합505

공탁금 출급청구권 확인

Text

1. It is confirmed that the Plaintiff has the right to claim for payment of deposit money as stated in the attached list.

2...

Reasons

1. Facts of recognition;

A. In the instant case, the implementer of the substantial public works and the depositor of the compensation for expropriation shall be deemed to be “a captain-gun”. However, inasmuch as the depositor on the deposit sheet in the attached list is the representative of the captain-gun, the party to the confirmation of the right to claim payment of deposit money in this case shall be deemed to be the Defendant. The Defendant: (a) while performing road expansion works in the Dong area in Busan-gun, Busan-gun, Busan-gun, the Plaintiff: (b) divided from 1,451 square meters of land (hereinafter “D land before division”) to June 8, 201, divided into E/ 35 square meters and F 395 square meters of land (hereinafter “instant land”); (c) published the compensation plan on July 12, 2010; (d) published the public announcement of the compensation plan to the owners of the instant land, etc. on the registration of the instant land; and (e) sent the correct public announcement of the compensation plan to the owner of the land, etc., whose name is “H” as it is identified.

B. In addition, the Defendant, as incorporated on the road as above, conducted an appraisal and assessment of the land to be expropriated, sent a public notice demanding the owner of the instant land to consult on compensation with the Defendant on December 23, 2010, and sent a public notice demanding compensation again on February 10, 201.

C. After doing so, the Defendant served public notice on September 20, 201 pursuant to Article 4(3) of the Enforcement Decree of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”), on the ground that the Defendant cannot accurately identify the delivery address, etc. of the instant landowner, and applied for adjudication of expropriation to the Busan Regional Land Tribunal on December 1, 201 on the ground that consultation between the Defendant and the landowner did not make compensation. The said commission rendered adjudication of expropriation on February 13, 2012.

Accordingly, the defendant is stipulated in Article 40 of the Public Works Act.