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(영문) 울산지방법원 2020.08.20 2019가단124610
공탁금 출급청구권 확인
Text

1. With respect to KRW 75,047,460 deposited by the Defendant with the Ulsan District Court No. 2581 in 2019, Jun. 18, 2019, the Plaintiffs respectively.

Reasons

1. Basic facts

A. D, F, and G completed the registration of ownership transfer on February 26, 1966 with respect to 1,058 square meters (hereinafter “instant real estate”) prior to Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-do (hereinafter “instant real estate”). One-third of each share of ownership transfer is completed.

I completed the registration of ownership transfer on the above D portion due to inheritance by agreement division on November 21, 2017, and completed the registration of ownership transfer on June 29, 2018 to the defendant on June 29, 2018.

The J completed the registration of ownership transfer on December 15, 2017 due to the inheritance by agreement division with respect to the above FF shares, and completed the registration of ownership transfer on July 3, 2018 to the Defendant on July 3, 2018.

B. In accordance with Article 42(2) of the Act on Acquisition of and Compensation for Land, etc., the Defendant deposited KRW 75,047,460 of the compensation amount as G as KRW 2581, Jun. 18, 2019, with respect to one-third share of the instant real estate owned by G, following a ruling of expropriation by the Central Land Expropriation Committee.

C. The Plaintiff’s father G was born in Ulsan-gun L, Ulsan-si, Ulsan-si, and the Plaintiff B and C were born between his spouse M, and G and M were married on August 29, 1975.

After that, G married with N on October 5, 1983, and thereafter, G had Plaintiff C as its child.

G and N became final and conclusive on August 20, 1998.

G died on February 13, 2006.

[Reasons for Recognition] Each entry of Gap 1, 2, 3, and 6 (including paper numbers), and the purport of the whole pleading

2. The facts of the judgment as to the cause of the claim and the entries of the evidence Nos. 8 and 9 (including the paper number) and the overall purport of the arguments as a result of the fact-finding of this court. The following circumstances are revealed by comprehensively taking account of the following circumstances. The names of G's Chinese characters recorded as the owner of one-third share out of the instant real estate and the names of father G's father G's Chinese name are identical as "O". G's domicile registered as the owner of the instant real estate is "Ulju-gun P", and the birth of the plaintiffs' father G is the "Ulsan-gun

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