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(영문) 대구지방법원 2011.11.08 2011가단35897
공탁금출급청구권양도의사표시등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be incidental to the participation.

Reasons

1. Basic facts

A. The Plaintiff is a clan with M 28 descendants, consisting of descendants, who set up the 14th generations as a joint ancestor.

B. P completed registration of initial ownership on January 19, 1939, on the grounds that there was an assessment on Q214 square meters (707 square meters, hereinafter “undivided land”) prior to the Daegu-gu Q214 square meters (hereinafter “undivided land”).

C. On December 4, 1939, R (the address on the register is the address on the register) and L (the address on the register is the address on the register is the address on November 30, 1939, each 1/2 share of land due to the sale on November 30, 1939.

The Daegu Metropolitan City, which was publicly announced as the Daegu Metropolitan City Public Notice No. 2006-32, included the 528mm2, Seogu-gu, Daegu, which was divided from the land prior to subdivision, in the project of the construction of the road (stage 1) and carried out the procedure of expropriation.

E. On April 27, 2010, Daegu Metropolitan City deposited KRW 81,309,600 equivalent to L 1/2 shares among the compensation for the instant land in accordance with the adjudication of expropriation by the Central Land Expropriation Committee on the ground that the person under deposit cannot be identified. The Daegu District Court deposited KRW 81,309,60 in the amount of compensation equivalent to L 1/2 shares in accordance with the adjudication of expropriation by the Central Land Expropriation Committee

(f) On October 26, 1965, L, the permanent domicile of which is located in the “Seoul-gun U, Gyeong-gun,” succeeded to the deceased L’s property by Defendant B, Defendant C, Defendant G, Defendant H, Defendant H, and Defendant I, who is the denied, due to the death of October 26, 1965. The deceased on February 2, 2009, the deceased and succeeded to the deceased W’s property by Defendant D, Defendant E, and Defendant F, the husband, and the Defendants’ respective inheritance shares are as shown in the attached sheet.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 5 through 9, the purport of the whole pleadings

2. Determination

가. 원고의 주장 원고는, 자신이 1939. 11. 30. P로부터 분할전토지를 매수하면서 종중원이자 맏종손인 R와 L의 명의로 각 1/2지분씩 명의신탁하여 소유권이전등기를 마치고 위토답으로 관리하여 온 것인데, 이...

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