토지보상금수령권확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The instant land was expropriated as a site for the construction works for the creation of an agro-industrial complex in the name of the Defendant, which was executed by the Defendant, for the 2261mm2 (hereinafter referred to as the “instant land”). The Defendant completed registration of preservation of ownership on January 2, 2013 of the instant land.
B. At the time of accepting the instant land, the Defendant merely stated that “C was subject to assessment on October 25, 1915,” and did not indicate C’s address or personal information.
C. On December 20, 2012, the Defendant deposited KRW 47,367,950 as to the instant land in absolute uncertainty pursuant to Article 40(2)2 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects on the ground that “The instant land is unregistered and its land cadastre is registered only with the owner’s name (C) and its exact owner cannot be identified because there is no address.”
(hereinafter referred to as the "deposit of this case" : Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 3-1 and 2, and the purport of the whole pleadings.
2. As to the instant lawsuit seeking confirmation of the Plaintiff’s claim for payment of deposit money on the ground that the prescriptive acquisition of the instant land was completed, the Defendant asserts to the effect that, even if the prescriptive acquisition expires, the Defendant is merely entitled to claim the transfer registration of ownership, and the claim for land expropriation compensation does not belong to the prescriptive acquisitor, and thus, the Plaintiff, who is a prescriptive acquisitor, has no profit to seek confirmation of the ownership of the claim for payment of deposit money, and thus, is unlawful.
Where a prisoner of the land has deposited the expropriation compensation on the grounds of the absolute uncertainty of the person entitled to receive the compensation, a lawsuit against the prisoner of the land to confirm the claim for payment of deposit money against the prisoner of the land shall be filed.