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(영문) 광주지방법원 2015.03.26 2014가단22562
공탁금출급청구권확인
Text

1. The defendant's right to claim a deposit of KRW 2,334,440 deposited by the defendant as shown in attached Form 1 shall be as listed in attached Form 2.

Reasons

Facts of recognition

Of the 764 square meters of the instant deposit account, the 1/9 share (hereinafter “instant share”) was registered in the name of “F” on December 31, 1973. However, F’s address on the registry was indicated as “Mining I”.

The Defendant accepted the instant shares on May 19, 2004 in accordance with the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor in order to construct a road by acquiring the instant shares, etc., and deposited them as shown in attached Form 1 (hereinafter “the instant deposit”) on the grounds that the F’s domicile and residence cannot be known pursuant to Article 40(2)1 of the aforementioned Act on May 19, 2004.

The plaintiffs JJ are the successors of the deceasedJ, and the JJ is the spouse or father of the plaintiffs' family relations register.

According to the resident registration card of J, the deceased, the deceased, the Chinese name is H, the resident registration number is K, and the change of domicile is as follows.

1. Initial Roon 20 October 20, 1968

2. On November 14, 1983, rectification of a parcel number in fact; and

3. Installation of transmitting stations, Act No. 3808 of November 1, 86

4.N in Songnam-si, Jeonnam-si/ November 1, 1986 changes in administrative districts.

5. Establishment of mining districts incorporated into Gwangju Metropolitan City, Act No. 3963;

6. Change in administrative districts of Gwangju Mine-gu N/ January 1, 1988

7. According to the transcript and abstract of the JJ, the decedent of the plaintiffs, who cancelled the report of death on October 29, 1991, the Chinese name is “H”.

In other circumstances, co-owners of the land to which the shares of this case belongs are those in a relationship within the sixth degree of relationship between J and the deceased who are the deceased.

A mine group I, the owner’s domicile under the registry of the instant shares, was a lot number in the past, but since 1932, there was no person who had the name F when he was residing in the mine group I.

[Ground of recognition] without any dispute, Gap's 1 through 13, Eul's 1 through 5, Gwangju.

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