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(영문) 대전지방법원 홍성지원 2021.02.26 2019가단35506
공탁금출급청구권양도 등 청구
Text

1. As to the claim for the withdrawal of the existing re-deposit money in attached Form (1), Defendant K,O, P, Q, R, and N are as shown in attached Form (2).

Reasons

1. Facts of recognition;

A. On April 27, 1962, S (registration injury address: Chungcheongnam-gun T) and U (registration injury address: Chungcheong-gun V) completed registration of transfer of ownership due to trading on April 23, 1962 with respect to the 898m2m2 and X 1001.5m2m2 (hereinafter “instant land”).

B. S (the permanent domicile on the certified transcript of the family register was deceased on August 28, 2006, and at the time there was Nonparty Y, who was his child, and Plaintiff A, B, C, E, and F, the heir, and the network Y died first of the network S on February 10, 1998 and succeeded to the network Y by Plaintiff G, H, I, and J, who was the child of the network Y.

(c)

The inheritance shares in the network S are 4/28 of the Plaintiff A, B, C, E, and F, respectively, and the Plaintiff G, H, I, and J are 1/28 respectively.

(d)

1) On October 5, 1976, U, whose permanent domicile on the transcript of the family register is the Z of Chungcheongnam-nam Budget, died on October 5, 1976. The heir was the wife, the non-party A, the non-party CB, the defendant P, the defendant P, the defendant Q, the defendant R, and the women who were ex officio, and the shares in the family register are the parties AA2/19, the defendant K 6/19, the non-party A2/19, the non-party AB 2/19, the defendantO, the P, Q, and R respectively, 2/19, and the defendant N 1/19.

2) AB died on December 8, 1980, and there was no heir, and 2/19 of AB’s inheritance shares were inherited to AB. On March 10, 2001, AB died on March 10, 201, and 4/19 (2/192/19) of AA’s inheritance shares were inherited to Defendant K, K,O, P, Q, R, and N, 4/114 (4/19 x 11/6) shares.

3) The shares of inheritance in which the above Defendants calculated the result of inheritance A as a result of inheritance are as shown in the separate column of the area in the attached Form No. 2.

(c)

Defendant L Co., Ltd (hereinafter “Defendant Co., Ltd”) was a business implementer who implemented the “AC industrial complex development project”, which is a public project, and expropriated the instant land located in the business area, and deposited KRW 61,265,320 of the compensation for the expropriation of the instant land as “U” and “the address of the person under deposit (the address of the injury: the address of the person under registration: V),” as “U” and “the address of the person under deposit is unknown” on July 29, 2016.

[Ground of recognition] Unsatisfy, Gap 1 to 1.

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