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(영문) 대전지방법원 2018.07.19 2017가단203838
공탁금 출급청구권 확인
Text

1. On February 11, 2016, the Defendant deposited with Daejeon District Court No. 709 of 2016, the deposit amount of KRW 100,180,300, respectively, 25,045.

Reasons

1. Basic facts

A. Each registration of preservation of ownership was completed on November 9, 1964 in the name of “F ( Address: Ga in Yan City),” with respect to the land of 26 square meters and E road of 645 square meters (hereinafter collectively referred to as “instant land”).

B. On February 11, 2016, the Defendant: (a) expropriated the instant land following the procedure for the adjudication of expropriation under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor; and (b) deposited KRW 100,180,300, the deposited person as the Daejeon District Court No.709 on February 11, 2016, on the ground that the deposited person’s receiving compensation was impossible.

(hereinafter “instant deposit”) C.

On February 29, 2016, the Defendant completed the registration of ownership transfer on the instant land based on expropriation.

On July 17, 2010, H, the father of the Plaintiffs (hereinafter “the deceased”), died on July 17, 2010, and at the time, the Plaintiffs and J, the spouse of the deceased, and the deceased on September 6, 2017.

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

2. Judgment on the plaintiff's assertion

A. Since F and the deceased, their father, who are the owners on the registry of the land of this case, are the same person, the right to claim the payment of the deposit of this case was jointly inherited by the deceased, his spouse, I and J at the time of the deceased’s death. Since I died thereafter, the plaintiffs have the right to claim the payment of deposit equivalent to their respective inheritance shares (1/4).

B. Determination 1) In full view of the following circumstances acknowledged by Gap evidence Nos. 1 through 8 (each entry including paper numbers, the result of the investigation and response to the head of the Dong-dong Dong-gu, Dong-gu, Chungcheongnam-gu, and the purport of the whole pleadings, F indicated as the owner on the register of the land of this case appears to be the same person as the deceased, who is the father of the plaintiffs, and the right to claim the payment of the deposit of this case was jointly inherited by the deceased's heir.

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