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(영문) 대전지방법원천안지원 2016.11.16 2015가단10390
공탁금출급청구권양도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. According to the Land Survey Book drawn up during the Japanese Occupation Period, D residing in Asan-si C is registered as an assessment of 450 square meters prior to ASEAN on June 10, 1914.

After that, the above land was divided into each real estate listed in the separate sheet (hereinafter referred to as “instant land”), and the land cadastre before expropriation of the instant land is entered as the owner.

B. D The D died on April 27, 1940, and D headnam F died on February 26, 1976.

The Republic of Korea of F died on March 20, 1974, and the Republic of South H died on April 22, 1975.

G’s heir is the wife I and the deceased J, the defendant (appointed party, hereinafter referred to as the “Defendant”), the appointed party, K, L, M, N,O (P students, the Plaintiff and Dong name), Q. The heir of H is the wife R, the designated party of children, S, T, and U.

The deceased JJ died on February 25, 1998, and there is a wife-designated person V and child-designated person as inheritor.

C. Defendant and Selections I, V, W, K, L, M, N,O, Q filed a lawsuit against Korea seeking confirmation of the heir status of the instant land, and received a favorable judgment on August 22, 2014 (Seoul Central District Court 2014Gahap8153), and the judgment became final and conclusive around that time.

On November 26, 2012, the Korea Industrial Complex Corporation expropriatedd the instant land under Article 40(2)2 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, which had not been registered, and deposited KRW 176,572,150 of the instant land as the depositee ( Daejeon District Court Decision 2010Da2922, Nov. 26, 2012, hereinafter “the instant deposit”).

E. The Plaintiff is a collateral blood relative of the Defendant and the designated parties.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 22-1, 2, Gap evidence No. 23-1, 2, Gap evidence No. 24, Eul evidence No. 6 and 8, and the purport of the whole pleadings

2. The Plaintiff’s assertion X, X, Y, and the Plaintiff occupied the instant land as its owner’s intent.

The Plaintiff.

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