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(영문) 수원지방법원평택지원 2016.01.06 2015가단9771

공탁금출급권자확인

Text

1. On June 12, 2013, the Defendant’s claim for withdrawal against KRW 46,938,250 deposited by gold No. 11116 in this Court was made.

Reasons

1. Facts of recognition;

A. At Ansan-si, B, 983С (hereinafter “instant land”) was originally owned by C, and was compulsorily admitted to the Defendant by an expropriation ruling pursuant to the Rearrangement of Agricultural and Fishing Villages Act and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

B. On June 12, 2013, the Defendant deposited KRW 46,938,250 of the instant land (hereinafter “instant deposit”) by the competent court No. 11116, which was KRW 46,938,250. As to the instant land, the ownership transfer registration under the Defendant’s name was completed on the ground of land expropriation as of July 25, 2013, the Suwon District Court’s Ansan Registry (No. 30594) received on July 25, 2013.

C. Meanwhile, C, the original owner of the instant land, died on April 5, 1932, and D, the wife of C and Australia, died on August 8, 1960. At the time of the deceased D’s death, E, the deceased’s children and the heir of the deceased C and the deceased D, were due to due diligence.

E After the marriage with F, the designated party A, the Selection G was produced, and the F was dead on October 10, 1950, and the F re-Marriaged with H, and the Selection I, J, K, and L was generated, and H died on December 12, 1981.

E. E died on October 14, 1985, and the inheritance shares of the Plaintiff (Appointed Party) and the designated parties upon the death of the network E are as shown in the attached Table “shares” column.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 9 (including each number), Eul evidence Nos. 1 through 4, the fact inquiry results against M in the event of uncertainty of this court, the purport of the whole pleadings

2. According to the facts of the above recognition, since the ownership of the land of this case was inherited to the plaintiff (appointed party) and the appointed party through the net C, network D, and network E in the same proportion as the stated in the attached Table "share" column, the right to claim payment of deposit money of this case was vested in the plaintiff (appointed party) and the appointed party, so the right to claim payment of deposit money of this case was vested in the above proportion of interest. Thus, the plaintiff (appointed party) and the appointed party shall be deposited money of this case