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(영문) 대전지방법원 천안지원 2017.01.11 2016가단7469

공탁금출급청구권양도

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1. The Defendants are entitled to the Plaintiff’s claim for payment of the relevant deposited money as indicated in the attached Table “compensation” against each Defendant.

Reasons

1. Basic facts

A. The Plaintiff is a clan consisting of 23 descendants, U.S. and V descendants.

The Defendants are accessories of the Plaintiff.

B. On May 4, 2010, the Plaintiff filed a lawsuit claiming the registration of ownership transfer against the Defendants, etc., as the Daejeon District Court Branch of Daejeon District Court Decision 2010Kadan10739, the Plaintiff filed a lawsuit claiming the registration of ownership transfer against the Defendants, etc. on the land of 1,947 square meters in Asia-si (hereinafter “instant land”).

On August 31, 2010, the above court rendered a ruling of recommending reconciliation (hereinafter referred to as the "decision of recommending reconciliation in this case") with respect to the portion owned by Defendant B among the land in this case to the Plaintiff by October 31, 2010, with respect to the shares owned by the same portion of inheritance as the shares in attached Table 1/3, as indicated in attached Table 1/3, with respect to the shares owned by the Plaintiff, such as Defendant C,D, andE, andG, and H, and H, L, and M, and P, Q, Q, and R, as to each share of inheritance, as indicated in the separate sheet 1/3. The decision of recommending reconciliation in this case became final and conclusive on October 5, 2010.

C. On May 2010, X 868 square meters in the instant land, and Y 195 square meters in the field around February 2013. D.

The Korea Land and Housing Corporation is a project implementer of "Stockpiling project (Z road project site)", which is a public project under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, and deposited compensation for expropriation with the Daejeon District Court on April 18, 2016, subject to the adjudication of the Central Land and Housing Commission with respect to a 195 square meters in Y field, as shown in the attached Table.

[Reasons for Recognition] Defendant B: Each confession (Article 208(3)2 of the Civil Procedure Act) shall be made in the absence of dispute, Gap evidence Nos. 1, 3, 4, 5, 19, 20, 21, Eul evidence Nos. 4 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings, except Defendant B: Each confession (Article 208(3)2 of the Civil Procedure Act).

2. Determination as to Defendant B’s defense prior to the merits

A. The Plaintiff’s main defense of Defendant B’s main safety is the procedure of notifying the general assembly call-up to Defendant B and their children included in the final scope regarding the extraordinary general meeting of May 5, 2016.