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(영문) 수원지방법원 성남지원 2018.07.06 2017가합407813
공탁금 출급청구권 확인
Text

1. The Defendant Korea Land and Housing Corporation on April 15, 2015 between the Plaintiff (Appointed Party) and the Defendants.

Reasons

1. Facts of recognition;

A. According to the Land Survey Book drawn up in the Japanese occupation point period, it is written that D, in Hanam-si, B, 1548, had an address in the GJJ C on July 18, 191, stating that D had received the circumstances.

B. The above A.

The land indicated in paragraph (1) is specified as divided on June 30, 1965 on the land cadastre No. 4-2, the 30 June 30, 1965, but the land E atHanam-si is divided on June 30, 1965. In light of the fact that the registration of preservation of ownership has been completed in the name of theO on June 30, 1965, it is reasonable to deem that the land was a clerical error as of June 30, 1965.

The land was subdivided into E, E, 1043 square meters and F 505 square meters (hereinafter “instant land before the instant subdivision”), and on February 25, 2009, the land of F 505 square meters in the saidHanam-si was subdivided into the land of F 861 square meters (hereinafter “instant land”) and the land of G 808 square meters in the said land.

C. The instant land remaining unregistered in the state was incorporated into H public housing project district executed by the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”); and the Defendant Corporation was issued the old land cadastre (hereinafter “instant land cadastre”) from the lower-nam viewing to verify the owner of the instant land.

The land cadastre of this case stated that the land before the instant partition was owned by I and 4 other than I, and that the land was restored to the owner in the name of J, L K, L M and LN (hereinafter “J et al.”) on July 12, 1971.

Article 40(2)2 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”) with respect to the land of this case under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects under Article 40(2)2 of the Public Works Act, subject to the applicable Act and subordinate statutes in April 15, 2015, Suwon District Court Decision 1156, 1157, 2015, 1161, 2015, 1161, 2015, 40(2)1 of the Public Works Act, as the applicable Act and subordinate statutes in April 15, 2015.

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