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(영문) 광주지방법원순천지원 2016.04.14 2014가단12281
공탁금출급청구권확인 등
Text

1. The part of the claim for confirmation of the claim for payment of deposit money in the lawsuit of this case shall be dismissed.

2. The Plaintiff:

A. Defendant B, C, D, AM, and.

Reasons

1. Basic facts

A. Before the division, the AR, AS, AT, AT, AU, AV, AW, and AX were registered as a co-ownership of the land before the division (hereinafter “land before division”). However, each co-owner actually agreed to exercise his/her sole ownership over a specific part of the land.

B. The land before subdivision was divided into AX-owned AY, AY, AY, AZ, BA, AS-owned BB, BC, BD, AV, BF, AW-owned BG, BF, AU-owned BG around July 20, 1975.

After that, 23 square meters among 132 square meters before AZ were divided into BH on September 8, 1998, and 16 square meters among BA 165 square meters before BI.

C. AT, as a result of the death of the Plaintiff, succeeded to the said land share on May 20, 2009 due to inheritance by agreement division. D.

(1) AR died on March 30, 1978 (spouse’s death on December 30, 1987) and its heir is Defendant B, C, D, AM, N, AO, AP, E, G, H, H, K, K, M, M, N, P, P, Q, R, S, and T.

(2) AS died on December 30, 2006, and its inheritor is Defendant U, V, W, X, and Y.

(3) The AU did not have a lineal descendant at the time of the death of May 3, 198, and the lineal ascendant also died, and the AX, a spouse, was inherited solely.

On the other hand, AX died on May 30, 2010, and its heir is Defendant Z, AA, AB, AC, AD, AE, AF, AH, AH, AJ, AJ, K, and L.

E. AZ, BA, BH, and BI (hereinafter “instant land”), a part of the divided ownership of AT, was incorporated into the site of the BJ development project.

F. On November 18, 2010, Defendant Netcheon-si deposited compensation for expropriation of the instant land as follows.

(hereinafter referred to as “the deposit of this case”). (1) The heir of the deceased AR as the principal deposit, such as the annexed deposit No. 1, deposited 12,067,910 won of compensation corresponding to the portion of land A and B.

(2) As shown in the separate sheet No. 2, the heir of the network AS as the principal of the deposit shall be entitled to the compensation corresponding to the BE, BK, BK, BL, BM, and BN’s share in the land except for AZ, BA, BH, BI.

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