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(영문) 대구지방법원 2016.10.19 2016나302173
공탁금출급청구권자 확인
Text

1. Revocation of the first instance judgment.

2. The Plaintiff is entitled to claim for the payment of the deposit stated in the attached Form.

Reasons

1. Basic facts

A. 1) A copy of the register of the instant real estate shall be the same as the owner’s personal information entered in the copy of the register and the land cadastre, etc., of which 149m2 (hereinafter “instant real estate”).

(2) The land cadastre of the instant real estate is written by the owner as “A and C” and the resident registration number of the owner was written as “D” on the ground that the reimbursement was completed on December 5, 1959. (2) The land cadastre of the instant real estate was written by the owner as “A and C.”

(B) The Defendant’s deposit, etc. (1) tried to pay KRW 61,586,660 to the instant real estate incorporated into the project by the project implementer of an urban planning facility project ( Daegu-gu) in accordance with the relevant laws and regulations, but the owner’s unknown whereabouts could not be paid.

2) Accordingly, as indicated in the separate sheet, the Defendant shall regard the deposited person as “A” and his resident registration number on the land cadastre: D, address on the registry: Musan-gun C, and the changed address: Daegu Suwon-gu District Court Decision 2856, Jun. 7, 2013 (hereinafter “instant deposit”) and as the said KRW 61,586,660 (hereinafter “instant deposit”) at the Daegu District Court Decision 2856, Jun. 7, 2013.

3) The Defendant deposited the instant real estate on June 12, 2013 and completed the registration of ownership transfer on June 17, 2013.

【Ground of recognition】 The fact that there has been no dispute, Gap’s entries in Gap’s 1, 2, 3, 6, 12, 16, 19, and Eul’s 1 through 6 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is the true owner of the instant real estate (the acquisition by prescription was completed on December 5, 1979), and the Plaintiff’s claim for payment of the instant deposit is a claim for payment.

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