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(영문) 대전지방법원 2017.04.13 2016가단202685
공탁금출급청구권확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The land category was changed simultaneously with the division on December 5, 1963, the C river 544 square meters and the D bank 136 square meters.

On September 16, 2010, the said E (the name of the administrative district was changed to Sejong Special Self-Governing City E on July 1, 2012) was divided into C river 952 square meters, F river 846 square meters, and the said D bank 136 square meters (450 square meters) into D bank 192 square meters and G bank 258 square meters, respectively.

On February 10, 1965, registration of ownership preservation has been completed in the name of H with respect to the land of this case before the division.

The plaintiff J died on December 7, 1993, and his heir died on November 25, 2005, K (K died on November 25, 2005, and its heir has L, children, M, N,O, plaintiff, and P), Q, R, and S.

On January 19, 2012, the deceased J's heir and the deceased K's heir agreed on the division of inherited property with the content of the Plaintiff's sole ownership of the land C or G.

On August 1, 2012, the above F and G land (hereinafter referred to as "each land of this case") was completed on July 18, 2012 on the ground of expropriation by the Defendant on July 18, 2012.

On July 18, 2012, the Defendant deposited KRW 58,701,60 as Daejeon District Court Decision 201Da4083 on the ground that the deposited person’s resident registration address and present whereabouts cannot be known. On July 18, 2012, the deposited person deposited KRW 58,701,60 as “H and petitioner I” each of the instant lands.

(hereinafter referred to as “instant deposit”). Meanwhile, the registration titleholder’s address is indicated as “I” in the registry of each of the instant lands, and the former land cadastre is indicated as “I” and the former land cadastre is indicated as “I” and the resident registration number is indicated as “I” and the current land cadastre is also indicated as the same as the above land cadastre’s address and resident registration number.

[Ground of recognition] without any dispute, entry of Gap's 6, 7, 9 through 14, 16, 26, 30, and Eul's 1 (including all types of proof).

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