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(영문) 대전지방법원홍성지원 2014.10.15 2014가단5357
공탁금출급청구권확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The land of this case is indicated as being written on October 29, 1913 by the following: (a) Seocheon-gun G road 377 square meters and H 272 square meters (hereinafter “instant land”) with unregistered land: (b) I on its land cadastre; and (c) I received assessment on October 29, 1913.

B. On January 23, 2014, the Defendant rendered a ruling of expropriation of the instant land, with regard to the compensation for G land as KRW 16,58,00,00, and the compensation for H land as KRW 16,619,20, respectively. On the land cadastre, the Defendant deposited KRW 16,169,200 as the red support of the Daejeon District Court (Seoul District Court) No. 2014No 356, 200, and KRW 16,58,00 as the deposited person, by identifying the resident registration number and address of the registered person.

[Ground of recognition] Facts without dispute, Gap evidence 3-1, 2-2, Eul evidence 2, 3-3, the purport of the whole pleadings

2. Determination

A. The plaintiffs asserted that the plaintiff, the plaintiff C, D, E, and F's external evidence transfer from I, the original name of which is the plaintiff C, E, E, and F, and that the above J is the same as I and the same person as the registered titleholder on the land cadastre of the land of this case, and the plaintiffs are the successors of J, and thus, the right to claim payment of deposit money for the compensation of this case deposited by the defendant should be attributed to the plaintiffs.

B. In full view of the overall purport of the arguments in Gap evidence Nos. 1, 2, 4, 5, 8, 11 through 13 (including additional numbers), it is recognized that Eul, as the head of the J, completed the registration of initial ownership of part of the land whose registrant on the land cadastre is recorded as I among the land located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the fact that Eul, as the head of the J, completed the registration of initial ownership of the land of which the registrant on the land cadastre was divided from M as the land of H, and that the registrant on the land cadastre was also admitted to the defendant and received the compensation from the type of O established by L.

However, H land is a registered titleholder I.

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