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(영문) 춘천지방법원 강릉지원 2018.08.22 2018가단30470
공탁금 출급청구권 확인
Text

1. As to KRW 145,329,00 deposited by the Defendant to this court depository in the year 2017.

Reasons

1. Basic facts

A. On December 9, 1967, with respect to the 301m2m2 (hereinafter “instant land”), D, the address of which was “Seoul-gun, Gangwon-do,” had been registered as the owner on November 1, 197, and on the old land cadastre D, who had a domicile in C due to the transfer of ownership on December 11, 1974.

B. On July 27, 2016, the Defendant entered into a contract for the acquisition of public land with the Plaintiff’s mother E and the instant land, and filed an application for the registration of ownership transfer with this court. However, the registrar rejected the application document for registration on the ground that it is unclear whether the seller and the registered titleholder

C. Accordingly, on July 10, 2017, the Defendant cancelled the above contract, and subsequently expropriated the instant land on July 10, 2017, and thereafter registered the transfer of ownership under the Defendant’s name on July 14, 2017, on the ground that the address of the person entitled to the compensation for the expropriation of the instant land pursuant to Article 40(2)2 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects is the depositee, and on the ground that the address of the person cannot be identified as the person entitled to the compensation for the expropriation of the instant land and the present location cannot be identified.

E dies and the inheritors agreed on the division of inherited property with the land of this case as the sole ownership of the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1 through 5, 12, 17 evidence, Eul 1 and 3 evidence, the purport of the whole pleadings

2. In full view of the facts that there is no dispute between the parties as to the cause of the claim, and the whole purport of the arguments in the statements Nos. 7, 19, 20, and 21, the plaintiff's mother E (F) born in Gangnam-si, Gangwon-si, Gangwon-do, and the birth of the plaintiff's mother E (F) was a H in the vicinity of the land of this case, and ② The land of I was a trade on November 23, 1967 due to the sale on December 9, 1967 (No. 8230 for the land of this case) of this Court No. 8231 (No. 8230 for the land of this case).

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