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(영문) 수원지방법원 2018.08.10 2017가합26310

공탁금 출급청구권 확인

Text

1. As to KRW 1,278,534,40 deposited by the Defendant at the Suwon District Court No. 5435 in May 25, 2011.

Reasons

1. Facts of recognition;

A. On February 19, 1944, the registration of ownership transfer was completed in the name of 13 members, such as the AF, AG, AH, and AI, a clan member, with respect to each of 1/13 shares of Suwon-gun AD AD forest 9 parts (hereinafter “the forest of this case”).

B. Each land listed in the separate sheet of real estate in the annexed sheet No. 1 (hereinafter “each land of this case”) shall consist of the land subject to registration conversion or partition from the forest of this case.

C. The plaintiffs are part of the property successors of AG, AH and AI, and their inheritance relations and their respective shares inherited accordingly are as shown in the separate shares calculation table and the separate shares of inheritance Nos. 4 and 2.

(However, at the inheritance relationship of AG, AJ's children AK has been named as AL).

After the Defendant expropriated each of the instant lands in accordance with the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, on May 25, 2011, the Defendant deposited KRW 1,278,534,400 as Suwon District Court No. 5435 for the reason that each of the instant lands was unregistered and the real owner cannot be identified.

【In the absence of dispute over the grounds for recognition, Gap evidence 1-1-3, Gap evidence 2-6, the purport of the whole pleadings [13 persons, such as the above AF, are the members of the clan, and do not actually own the forest land of this case, which is the property of the clan, in title trust, as they are the members of the clan, but there is no evidence to prove that they were the title trust with the capability of presumption of registration completed in the name of the above 13 persons, and therefore, the above assertion is rejected];

2. The Plaintiffs are deemed to have owned each of the lands of this case by inheritance in proportion to their respective shares in inheritance Nos. 2. Thus, among the KRW 1,278,534,400 deposited by the Defendant as compensation for damages for each of the lands of this case, the amount corresponding to the shares inherited as above has the right to claim the withdrawal of deposited goods. The calculation of such amount is as indicated in the claim to pay the deposit No. 3

As long as the defendant contests this, there is a benefit to seek confirmation.

3. Conclusion.