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1. Of the KRW 46,650,40 deposited by the Defendant as the Changwon District Court Msan Branch of the year 2015 Geumwon District Court No. 1665, the designated parties B shall be 10,765.
Reasons
1. Facts of recognition;
A. The Defendant deposited 46,650,400 won (hereinafter “the instant deposit money”) following the said judgment by the Central Land Tribunal to incorporate the housing and obstacles (hereinafter “instant housing”) on the ground of the Yongsan-gu, Changwon-si, Changwon-si (hereinafter “instant land”). On August 12, 2015, the Changwon District Court rendered a ruling of expropriation by the Central Land Tribunal in order to incorporate the housing and obstacles (hereinafter “instant housing”). On August 12, 2015, the Defendant deposited 46,650,400 won (hereinafter “the instant deposit money”) on the ground that the whereabouts of the owner of the instant housing are unclear and impossible to receive due to the uncertainty of the location of the owner G.
B. The instant house is an unregistered real estate, and the building space in the building ledger is indicated as a wooden house, and the owner column is indicated as G (H in Changwon-si, Changwon-si) as the owner.
C. I (hereinafter referred to as “the deceased”) is the south of G on February 10, 1960 (main register: Changwon-si J) that died on February 10, 196.
The Deceased died on April 27, 2010, and his wife B succeeded to the property of the Deceased in proportion to 3/13 shares, his child (Appointed Party), the Plaintiff (Appointed Party), the Appointed C, D, E, and Nonparty K inherited the property of the Deceased in proportion to 2/13 shares, respectively.
[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 5, and 7 evidence (including each number), the purport of the whole pleadings
2. The plaintiff (appointed party)'s assertion and judgment
A. The gist of the assertion is that G and G are the same as the owner entered in the building ledger of the instant house by the Plaintiff (Appointed Party) and the deceased. Since after the death of the deceased, the Plaintiff (Appointed Party) and the designated parties have removed the instant house on the ground of the instant land and newly built and owned the instant house, the Plaintiff (Appointed Party) and the designated parties have the right to claim payment of the instant deposit.
B. The following circumstances, i.e., the housing of this case, recognized prior to the determination and the overall purport of Gap evidence Nos. 1, 2, 6, 8, and 9 (including each number), and the entire arguments.