beta
(영문) 광주지방법원 2017.08.08 2017가단594

공탁금 출급청구권 확인

Text

1. As to KRW 16,50,000 deposited by the Defendant with the Gwangju District Court No. 1617 on March 7, 2011.

Reasons

1. Basic facts

A. On April 11, 1963, the registration of ownership transfer was completed on March 2, 1957 on the 1,375 square meters prior to Gwangju Northern-gu B (hereinafter “instant land”). < Amended by Act No. 3757, Mar. 2, 1957>

The land category of this case was changed to a river on December 14, 1979.

B. The Defendant intended to pay compensation for losses for the instant land incorporated into Section 8 for the instant land incorporated into Section 8 for the instant project, but on the ground that payment is impossible because the owner’s residence or domicile could not be known, the Defendant deposited KRW 16,50,000 with the depositer under Section 1617 of the Gwangju District Court on March 7, 201 pursuant to Article 8(1)1 of the Act on Special Measures for the Compensation, etc. for Land incorporated into the instant land for the purpose of the project, on the ground that the depositer was “State”, “C”, and the name of the depositer as “Bong-gu, Mineju-si D.”

(hereinafter referred to as “instant deposit”). C.

The father G (hereinafter referred to as “the deceased”) of the Plaintiff (Appointed Party) and the designated parties (hereinafter referred to as “Plaintiff, etc.”) were living in the North-gu, Gwangju, and died on November 17, 199. The mother of the Plaintiff, etc. died on December 16, 2010.

Plaintiff

All of the others were born in Gwangju Northern-gu H.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including branch numbers for those with additional numbers), Eul evidence Nos. 1 through 5, the purport of the whole pleadings

2. The Deceased’s judgment on the cause of the claim resides in Gwangju North-gu F.

The facts of death and the fact that all the plaintiffs et al. were born in Gwangjubuk-gu H are as the above recognition. In full view of the fact-finding results with respect to the head of the Dong in Gwangjubuk-gu, Gwangju Metropolitan City, the purport of the entire pleadings in this court is as follows: (a) there is no "C" at the permanent domicile or the domicile on the resident registration basis of the land of this case on March 2, 1957 where "C" acquired ownership; and (b) "C" who resided in the Jdong-dong in Gwangjubuk-gu, Gwangju Metropolitan City around that time, was the only fact of the deceased; and (c) the deceased was the