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(영문) 의정부지방법원고양지원 2015.07.09 2014가합51428
공탁금출급청구권확인
Text

1. On February 5, 2014, the Defendant deposited with the District Court of Jung-gu District in gold No. 507 of 2014 out of KRW 484,227,580.

Reasons

1. Facts of recognition;

A. E, F, G, and H completed the registration of ownership transfer made on March 5, 1934 for sale and purchase of the land listed in the separate sheet (hereinafter “instant land”).

B. On February 5, 2014, the Defendant deposited KRW 484,227,580 as the cause of deposit, “The land compensation shall be deposited pursuant to Article 40(2)1 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, on the ground that: (a) although the Central Land Expropriation Committee (hereinafter “Central Land Expropriation Committee”) intended to pay land compensation for E portion of the instant land upon the adjudication on E portion of E among the instant land; (b) although E was registered in the land cadastre and the register, there is no resident registration number but the current address is unknown; and (c) thus, the receipt of land compensation is impossible; and (d) as the cause of deposit, the deposited person deposits KRW 484

(U.C. 507, No. 507, 2014, hereinafter referred to as the “instant deposit”).

E’s inheritance-related 1) The wife I died on January 18, 1946, and on December 9, 2013, E and his/her children J, K, L, and M were declared missing on the ground of “the expiration of the period of disappearance on February 12, 1950” (the expiration of the period of disappearance on February 12, 1950) E shall be deemed deceased on February 12, 1950, and N 1/2, and 1/2 of E’s identity shall be deemed deceased on February 12, 1950.

(Plaintiffs asserted that N was married on December 6, 1941 and only 1/4 pursuant to the former Civil Act. However, Article 12(2) of the Addenda of the Civil Act (Article 4199, and Article 12(2) of the Addenda of the Civil Act provides that “where inheritance commences due to a declaration of disappearance, when the period of disappearance expires during which the former Act enters into force, the provisions of this Act shall apply if the period of disappearance is declared after the enforcement date of this Act) shall apply.” On April 3, 1998,O was declared missing on the ground that “the expiration of the period of disappearance on November 5, 1979” (the government branch of the Seoul District Court) was declared missing on November 3, 1998 (the adjudication of disappearance of 1/2), the P wife on November 5, 197, who is the inheritor, 37/7(E)/34(14)/14(3)/27(E)/14(1)/27(A)/14(E)/14(a)/27).

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