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(영문) 광주지방법원순천지원 2015.08.18 2015가단7712
공탁금출금
Text

1. On December 12, 2014, the Defendant deposited 204,925,770 won by Geumcheon District Court Decision 204,925,770 won in gold No. 2267 in 2014.

Reasons

1. Basic facts

A. The Defendant (competent Regional Land Management Office) intended to acquire the land of 2,317 square meters (hereinafter “instant land”) in Gwangjuyang-si for road expansion works, but as the owner cannot be identified, the entire registration of the instant land is registered as a right holder of 1/9, and the remainder of 8/9 shares became known.

The defendant was rendered a ruling of acceptance for one-half share on the ground that his heir's whereabouts are unknown.

On November 20, 2014, the Central Land Expropriation Committee received a ruling of expropriation from the Central Land Expropriation Committee.

B. The Defendant deposited 1/9 shares of the instant land at this Court No. 2271 in 2014, on the ground that the deceased’s heir (E, F, G, H, I, J, K, K, M, and N) was aware of the deceased’s heir on January 8, 2015.

On the other hand, on December 12, 2014, the Defendant deposited KRW 204,925,70 (hereinafter “instant deposit”) with the court No. 2267 in accordance with Article 40(2)2 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, without specifying the person to receive due compensation for 8/9 shares among the instant land, on the grounds that the recipient of due compensation for 8/9 shares cannot be known.

C. The co-ownership delay list of 2,886 square meters in Gwangjinyang-si is indicated as D, P, Q, R, S, T, U,V, and W as co-owners.

On October 22, 2012, 2,317 square meters among the aboveO land was divided into the instant land.

On January 16, 1975, P (hereinafter referred to as "the deceased") died.

As seen below, the inheritance shares are omitted because there was an agreement on the division of inherited property.

1) The deceased’s wife (the wife XD’s removal is indicated as AH, but it appears that the AI and AJ are similar;

Y, Z, Plaintiff, and AA jointly succeeded to P’s property, which are children.

The deceased 2 South and North.

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