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(영문) 대전지방법원 2020.11.26 2020가합100486
공탁금 출급청구권 확인
Text

Defendant B deposited money of KRW 201,641,350 as deposit money deposited by the Daejeon District Court No. 4473 in 2014.

Reasons

1. Basic facts

A. According to the cadastral source map (No. 14) regarding the change of rights with respect to the area of 2,357 square meters (hereinafter “instant land”) before Daejeon Dong-gu, Daejeon, the owner of the instant land is indicated as D. The instant land was registered as “D” on May 1, 1955 as “D’s death on January 5, 1961, where he/she had an address in Seosan-gun,” but the other land was registered as “D” on the land cadastre, but the detailed address of D was not indicated.

B. The Defendant Corporation (hereinafter “Defendant Corporation”) filed an application for adjudication with the Daejeon Metropolitan City Land Expropriation Committee on the ground that the project implementer of the “E project” and the instant land incorporated into the said project was unknown due to the unknown whereabouts of the owner D while accepting the instant land. On June 23, 2014, the Daejeon Land Expropriation Committee rendered a ruling with the effect that “the compensation for the instant land is KRW 201,641,350” and “the date of expropriation is August 18, 2014.” (2) On August 13, 2014, the Defendant Corporation deposited KRW 201,641,350 (hereinafter “the instant deposit”) with the Daejeon District Court No. 4473, 2014, and deposited KRW 201,641,350 in the said project (hereinafter “the instant deposit”), and that the deposit was not made in the column of Article 40(2)1 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

3) On September 2, 2014, the instant land was registered for ownership preservation in the future of the Defendant Corporation. C. The Plaintiff’s claim for ownership transfer registration against the deceased D’s deceased heir, etc. (1) The Daejeon District Court filed a claim against the deceased D’s deceased heir G, etc. for the implementation of the procedure for ownership transfer registration due to the cancellation of title trust.

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