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(영문) 인천지방법원 2020.04.24 2019가단222309
공탁금 출급청구권 확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Of 35,853 square meters of land in Seo-gu Incheon Metropolitan City (hereinafter “instant forest”) and 12,900 square meters (hereinafter “instant land”), each of 1/10 shares of the Plaintiff’s denial E, the Plaintiff’s mother F, the Plaintiff’s f, G, H, I, J, K, K, L, and M, respectively, completed the registration of ownership on December 24, 1974.

B. N on May 16, 198, with respect to F’s share 1/10 of the forest land of this case, N completed the registration of ownership transfer on June 4, 198 with respect to F’s share 1/10 of the forest land of this case due to each sale.

G on May 17, 200, O and P, who are children, completed the registration of ownership transfer based on each gift with respect to their shares of 1/10 of the forest land and land in this case.

The plaintiff's rejection of E died on September 7, 1982, and the inheritor of E completed the inheritance registration on December 1, 2009 with respect to E's share of forest land and land of this case.

C. The Defendant is a project developer for Q housing development projects, who is a public project under Article 4 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), and is a co-owners’ share in the instant forest and land, from April 201 to March 201, and completed the registration of ownership transfer.

The Central Land Tribunal ruled the compensation amount of KRW 427,459,430 on the forest land of this case and on the surface obstacles, such as the annexed list.

On March 17, 2014, the Defendant deposited KRW 427,459,430 as the Incheon District Court No. 2093 of the Incheon District Court in order to deposit KRW 427,459,430 of the above obstacles, on the ground that the owner in the public record of the obstacles was not confirmed, and that many people are the owners of obstacles, and that the Defendant made an absolute deposit in accordance with Article 40(2)2 of the Land Compensation Act.

E. I is against the Defendant in this Court.

An action to confirm the claim for payment of deposit money of KRW 87,050,000 of compensation for trees out of compensation for obstacles to the entry in the port (this court 2018da 235704) shall be brought and filed.

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