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(영문) 대구지방법원경주지원 2017.09.19 2017가단196

공탁금 출급청구권 확인

Text

1. On December 16, 2013, the Defendant deposited 20,551,660 won in the Daegu District Court and its Daegu District Court 2013 gold 1063.

Reasons

1. Facts of recognition;

A. On October 12, 2009, B 1131 square meters (hereinafter “B land before division”) was divided into 922 square meters (hereinafter “B land after division”) and 209 square meters (hereinafter “instant land”). The real estate register of the instant land was written as the owner who completed the registration of ownership transfer on August 31, 1981.

B. However, the instant land was incorporated into the road expansion project section between E executed by the Defendant around 2010, and the Defendant, as a project implementer, deposited the “Daehan” as the depositee on December 16, 2013, the title of the ownership on the instant land under the Act on the Acquisition of Land, etc. for Public Works and the Compensation for Land, Etc. for Land, Etc., and deposited KRW 20,551,660 as the Daegu District Court 1063, the amount of money KRW 1063,51,660 as the land compensation in December 2013.

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

The Defendant completed the registration of ownership transfer on January 13, 2014, based on expropriation on October 24, 2013.

The plaintiff is a clan similar organization whose members are adult male children who have joined the plaintiff among the descendants of F.

(A) On October 25, 2015, the Plaintiff held a general meeting on October 25, 2015 and resolved that the representative G of the Plaintiff shall file the instant lawsuit on behalf of the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 11 (including branch numbers if there are branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. Determination as to the cause of action

A. In full view of the following circumstances that can be recognized by comprehensively taking into account whether the “Dial” recorded as the owner of the title on the registration of the instant land in the name of the Plaintiff (A) was a clerical error in the Plaintiff, and the evidence and the purport of the entire pleadings as seen earlier together with the aforementioned facts, the Plaintiff’s “D’s address in the Sung-gun” indicated as the owner of the title on the registration of the instant land in the name of the ownership on