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(영문) 수원지방법원평택지원 2019.04.04 2018가합10823
공탁금 출급청구권 확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The land situation and division process 1) The network H (Death on March 5, 1925) is 1,112 square meters before the former Authenticity-gun on May 21, 1911 (hereinafter “the mother land of this case”).

) The circumstances were (see the Land Survey Division prepared by the Provisional Land Survey Bureau in the Japanese colonial Period, No. 1) and the said land was destroyed by the 6.25 War. On September 1954, the land was divided into eight parcels, such as Pyeongtaek-si J or K, and the land was restored.

3) On November 30, 1954, the land of Pyeongtaek-si was combined with J road 962 square meters, and on January 6, 2014, J road 804 square meters (hereinafter “1 land”).

(2) On December 14, 2017, the road of Pyeongtaek-si and M road of 158 square meters (158 square meters) were changed to the administrative district.

hereinafter referred to as “second-class land”

b) The closed register is divided into two categories: (a) the registration of ownership transfer in the name of H was completed on February 18, 1920 with respect to the 563 area prior to the J as divided from the mother land of this case; (b) the registration of ownership transfer in the name of H was completed on January 9, 1920 on the ground of sale and purchase on January 9, 1920; and (c) thereafter, the registration of ownership transfer in the name of P and R was completed on the land of this case through P and R Co., Ltd; and (d) the registration of ownership transfer in the name of S was completed on June 14, 1938 on the ground of sale on May 31, 1938.

On the other hand, with respect to TW 204 square meters prior to 204 square meters prior to U, 336 square meters prior to V, 64 square meters prior to W, 134 square meters prior to K, and 197 square meters prior to K, respectively, the registration of ownership transfer in the name of S was completed on June 14, 1938 due to sale on May 31, 1938.

2) According to the land cadastre (including the restoration register) etc., the owner of J is indicated as being changed from X to Y, and as to T land, it is indicated that the land was restored to S in the name of S with respect to U, V,W, and K through Z. C. The Defendant’s industrial complex development project and deposit1) around December 5, 2013, the Defendant was designated as a project implementer and carried out AC projects for Pyeongtaek-si AAri and ABri, including the above land.

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