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(영문) 수원지방법원안양지원 2014.10.10 2013가합102607
공탁금출급청구권 확인청구 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The deceased on January 20, 1951, and the deceased on January 20, 1951. The deceased on July 6, 2000, according to the old custom prior to the enforcement of the Civil Code, the deceased on July 6, 200, and the deceased on July 1, 200. The deceased co-inheritors, including the plaintiff, agreed on the division of inherited property that the land of this case 1 and 2 owned by the plaintiff.

B. According to the Land Survey Book of Gyeonggi-si, which was drafted for the Japanese colonial rule on D, the said forest was divided into the instant land 1 and 2 land on August 14, 1961, stating that B, who had the residence in Gyeonggi-si D, was subject to the assessment of 1,400 forest land E, and the said forest was divided into the instant land 1 and 2 land.

C. According to the forestry register for the land of this case and the closed register, the registration of ownership preservation for the above land was completed on December 11, 1984 by the network C, and the Defendant completed the registration of ownership transfer due to the land expropriation conducted on January 10, 1985.

According to the forest land register for the land of this case 2, the registration of ownership preservation was completed on June 29, 1966 in the name of the network B, and the defendant completed the registration of ownership transfer on April 19, 1984.

Meanwhile, according to the closed register on the above land, He completed the registration of transfer of ownership on the ground of land expropriation conducted on August 5, 1968 by Daian Farmland Improvement Cooperatives on February 19, 1969, and the defendant completed the registration of transfer of ownership on the ground of public land consultation on April 19, 1984.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2, Gap evidence 5-1, 2, Gap evidence 6-1, 2, and Gap evidence 7, the purport of the whole pleadings

2. The Plaintiff’s assertion Nos. 1 and 2 owned the land under the circumstances of the deceased’s father’s husband, but succeeded to the Plaintiff’s denied network C, and the Plaintiff inherited the right to each of the above land from the deceased C through an agreement on the division of inherited property.

The Defendant deposited KRW 11,769,500 on July 10, 1984 on the ground that the owner of the pertinent land could not be known while accepting the instant one’s land. As such, the Plaintiff was entitled to claim payment of the said deposit.

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