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(영문) 대전지방법원 2017.04.28 2016가단215100
공탁금출급청구권확인청구
Text

1. As to KRW 12,204,00 deposited by the Defendant as the gold No. 797 in 2011, the Plaintiff among them.

Reasons

1. Basic facts

A. The F-river 1,974 square meters and G-river 60 square meters (hereinafter “instant real estate”) are unregistered land at a permanent address. Each land cadastre is indicated as “H” on June 24, 1965, and the “J”, the registration number of which is “I”, is transferred the ownership of the said real estate.

B. On September 30, 201, the Defendant deposited KRW 12,204,00 for accommodation compensation under the Daegu District Court Decision 797 No. 201, Sept. 30, 201, on the ground that the Plaintiff’s accommodation of the instant real estate under the Act on Acquisition of and Compensation for Land, etc. for Public Works as a L business operator under K ( December 1, 2009) was unregistered and the owner’s resident registration address and present location cannot be known.

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

On the other hand, J, the decedent of the plaintiffs, died on August 25, 1994, and his heir had the plaintiff B, C, D, E, and non-party M, the spouse of the plaintiff A and his children.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The plaintiffs asserts that since the "J" and the "J", the owner of the land in this case, who is the decedent of the plaintiffs, are the same person, the plaintiffs have the right to claim payment of the deposit amount according to their shares in inheritance.

B. We examine the following circumstances, comprehensively taking account of the statements in Gap evidence Nos. 1 and 8, the permanent domicile market in the Gyeongbukdo in this court, and the overall purport of the arguments in the fact-finding with respect to N pages, i.e., ① the resident registration number of J, the deceased of the plaintiffs, is "O" and this corresponds to the seven-dimensional numbers in front of the registration number of the owner J as stated in the land cadastre of the real estate in this case, ② The " QuarJ, the resident registration number of the deceased of the plaintiffs, at the time of residence in 1965, is due to J, the deceased of the plaintiffs, and there is no Dong name

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