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(영문) 수원지방법원 2020.10.22 2020가단516724
공탁금 출급청구권 확인
Text

1. On September 2, 2019, the Defendant deposited with the Suwon District Court No. 9126 on September 2, 2019 KRW 5,854,800 out of KRW 31,504,40.

Reasons

1. Basic facts

A. The deceased B completed the registration of ownership transfer for the reason of sale on February 28, 1970, No. 4034, which was received as of February 28, 1970, with respect to the land of this case, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Seoul (hereinafter “the instant land”).

B. The instant building’s “the instant building” is unregistered, and is registered as the owner who was constructed around August 1973 by the network B on the general building ledger. The instant building is registered as the owner who was built around August 1973.

C. The deceased B died on March 26, 1997, and his heir D, E, the plaintiff, and F, who are children, and the deceased B’s heir agreed to inherit the land and buildings of this case.

As to the instant land, the Plaintiff completed the registration of transfer of ownership based on inheritance due to a division made between June 26, 2018 and June 14929, which was received on June 26, 2018 by the same registry office.

E. On September 2, 2019, the Defendant deposited KRW 31,504,400 on the ground of the instant land, which was incorporated into the instant construction pursuant to the provisions of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, as the operator of the project of “Ui-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U.

(hereinafter referred to as "the deposit of this case"). / [Grounds for recognition] The deposit of this case is without dispute, Gap evidence 1 through 5, Eul evidence 1 and 2, and the purport of the whole pleadings.

2. According to the above facts of determination, the Plaintiff, the heir of the deceased B, who built the instant building around August 1973 and entered as the owner in the general building ledger, is entitled to receive KRW 5,854,80, which is the compensation for expropriation of the instant building out of the instant deposit money (=31,504,400 x 28.56/153.68).

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