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(영문) 대구지방법원영덕지원 2015.05.26 2014가단2100
공탁금출급청구권확인 등
Text

1. Defendant Korea Rail Network Authority: (a) deposited on February 5, 2012 by the Daegu District Court (Seoul District Court) No. 28 in gold No. 2012, Dec. 5, 2012.

Reasons

1. Requests against Defendant Korea Rail Network Authority;

A. On December 16, 201, the Central Land Tribunal: (a) on December 16, 201, for railroad construction projects implemented by Defendant Korea Rail Network Authority (hereinafter “instant land”); (b) 406 square meters of K in Young-gun, Chungcheongnam-gun, Gyeongbuk-gun for the purpose of “the East Sea Port-J” (hereinafter “instant land”).

(2) The land cadastre of the instant land was merely indicated as “a thing with L/C assessment on October 10, 1913,” and did not contain any information on which personal information, such as the address, etc. can be confirmed.

3) On February 6, 2012, Defendant Korea Rail Network Authority deposited the said KRW 16,280,600 on the ground that the owner of the instant land cannot be identified (hereinafter “instant deposit”) under Article 40(2)2 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects on February 6, 2012, on the ground that the deposited person was unknown in the Daegu District Court’s Young-gu District Court’s Yong-Support 2012.

(4) On February 21, 201, the Plaintiff filed a lawsuit against the Defendant B, C, D, E, F, H, I, and the Republic of Korea, the final heir of L in the Daegu District Court Young-gu District Court (No. 201Gadan318) to the effect that “L (L: L: Young-gun M) was subject to the assessment of 628 square meters of the instant land and the land N, 628 square meters of N, Young-gun, Chungcheongnam-gun, Chungcheongnam-gun, Gyeongbuk-gun, and the Plaintiff occupied the said land from around 1990 to December 2, 2009, and the acquisition by prescription for possession was completed since the Plaintiff finally purchased the said land.”

5 The above court confirmed that "the Republic of Korea, February 2, 2012, 201," 628 square meters of forests and fields N28 square meters and this case's land is L, permanent domicile: M in Young-gun, Chungcheongnam-do.

Of the Plaintiff, Defendant B and C among the aforesaid N Forest and the instant land, their respective shares of 560/2,520; Defendant D’s shares of 539/2,520; Defendant E and F’s shares of 287/2,520; Defendant G’s shares of 123/2,520; Defendant H and I’s shares of 82/2,520 each on January 1, 2010.

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