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(영문) 대구지방법원김천지원 2019.04.03 2018가단35611
공탁금 출급청구권 확인
Text

1. On September 30, 201, the Defendant deposited 6,101,70 won by the Changwon District Court heading 532 gold in 201.

Reasons

1. The following facts can be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) evidence Nos. 1 to 13; and (c) the purport of the entire pleadings.

The Plaintiff’s grandparents purchased and cultivated 473 square meters (hereinafter “instant land”) before Gohap-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the Plaintiff’s parents succeeded to the instant land, and thereafter the Plaintiff paid taxes on the instant land while cultivating the instant land upon inheritance.

B. On June 19, 2009, the Defendant, while incorporating the instant land into C, requested the Plaintiff to consult on compensation for losses.

C. On September 30, 201, the Defendant expropriated the instant land, and deposited KRW 6,101,70 as compensation for the instant land under Article 40(2)2 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “the instant compensation”). On October 10, 201, the Defendant deposited KRW 6,101,70 as compensation money for the instant land under Article 40(2)2 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “the instant compensation”). As to the instant land, the Changwon District Court Gohapcheon District Court 16956, which received on October 10, 201.

Meanwhile, even after the registration of preservation of ownership was completed as above, the Plaintiff paid taxes on the instant land, and was notified of the details of the determination of the officially assessed individual land price of the instant land.

2. In light of the fact that the above facts were found to have been recognized, and the plaintiff seems to have actually controlled and managed the land of this case as the owner of the land of this case, such as consultation with the defendant about the procedure for land expropriation, while the plaintiff seems not to have claimed rights to the land of this case, at the time of the defendant's expropriation, the owner of the land of this case shall be deemed to be the plaintiff and the compensation for its expropriation shall be reverted to the plaintiff. The right to claim

The plaintiff shall submit a sales contract or prove the details of purchase.

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