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(영문) 수원지방법원여주지원 2020.06.11 2019가단6319
공탁금출급권자확인
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The registration of preservation of ownership was completed on March 19, 1981 in the name of the non-party C non-party C, non-party C, the title of which was 1,937 square meters (hereinafter “the instant land”).

On April 14, 1998, the ownership transfer registration was completed in the name of D on the land of this case. On June 29, 2007, the ownership transfer registration was cancelled in accordance with the mediation protocol of this case, such as the cancellation of ownership transfer registration, etc.

B. On December 5, 2008, the non-party E obtained the provisional disposition order prohibiting disposal of the land of this case by using the "right to the right to the registration of cancellation of the indication of the name of registration" as the right to be preserved, and the provisional disposition registration related thereto (hereinafter "the provisional disposition registration of this case") was completed.

C. The Defendant intended to pay KRW 184,015,00 for expropriation compensation in order to expropriate the instant land for F and G relocation projects, but due to the relation with the registration of provisional disposition in the name of Nonparty E among the non-party E, the Defendant entered the provisional disposition registration in the name of the non-party E, with regard to the expropriation compensation in the name of KRW 184,015,00 for expropriation compensation and other land in the name of the non-party C and the non-party C clan branch, on November 4, 2010, the deposited person was “the non-party C and the non-party E (hereinafter “non-party E”) or the non-party E (hereinafter “the non-party E”)’s deposit cause by entering the deposit cause in the deposit of each of Article 40(2)4 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects and Article 40(1)48 of the Civil Execution Act.”

(hereinafter “Deposit of this case,” and as above, KRW 184,015,00 for expropriation of the land of this case deposited as above (hereinafter “instant deposit”). D.

The defendant on November 11, 2010.

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