공탁급출급권자확인
1. As to KRW 50,449,90 deposited by the Defendant at the Daegu District Court No. 604, Sept. 3, 2015, the amount of KRW 50,449,90.
1. Basic facts
A. With respect to the area of 823 square meters (hereinafter “instant land”) prior to Gyeongsan-si, Busan-si, the Daegu District Court rendered on April 5, 1932, No. 4952 on the ground of the sale on March 30, 1932 and completed the owner’s registration of transfer of ownership “J and Musan-gunK”.
After September 8, 2015, the Defendant acquired the ownership of the instant land due to land expropriation.
B. On September 3, 2015, the Defendant deposited KRW 50,449,90,00 as compensation for losses incurred from the expropriation of the instant land by the Daegu District Court (Seoul District Court Decision 2015No. 6044, Sept. 3, 2015) as the Depositer’s “K with the address J and on the registry registry.” The reasons are that Article 40(2)1 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor cannot be received due to the unknown address of the Depositer.
C. Meanwhile, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the designated parties are children of “L” that died on April 10, 2007.
[Reasons for Recognition] Unsatisfy, Gap evidence 5-1 and 7-1
2. The assertion and judgment
A. Determination 1 on this safety defense is confirmed only when the defendant's assertion is made in accordance with the absolute uncertainty of the defendant's assertion. Since this case does not fall under such cases, the plaintiff is entitled to seek confirmation of ownership of the land of this case as the other party to the State, and there is no benefit to seek confirmation of the right to claim payment of deposit money against the defendant. 2) In a lawsuit seeking confirmation of the relevant legal principles, there is a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized when the confirmation is rendered is the most effective and appropriate means to remove the plaintiff's right or legal status unstable danger. Thus, in a lawsuit for confirmation, a person who causes or is likely to cause anxiety in the plaintiff's right or legal status.