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(영문) 대구지방법원포항지원 2015.06.30 2014가합1824
공탁금 귀속자 확인
Text

1. On October 8, 2014, the Defendant deposited 109,893,900 won with the Daegu District Court Branch Branch of the District Court in gold No. 1319 in 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is an organization that consists of BC descendants and manages A clerks established to commemorate C and their two ASEAN and E, and the Defendant is a corporation with the aim of contributing to the development of the national economy by promoting the improvement of national residence life and the efficient utilization of land.

B. On October 14, 2014, the Defendant, as the implementer of a “F national industrial complex development project”, expropriates each of the instant land (hereinafter “instant expropriation”) and completed the registration of ownership transfer as the receipt of the Daegu District Court Port Branch No. 10150, Nov. 10, 2014, with the overall term “Seoul-gu G 391 square meters, H 258 square meters, I 807 square meters (hereinafter “instant land”).

C. At the time of the instant expropriation, the owner of the instant land on the registry was written as “A (the address of the said G land and I land: Yong-Gun J, and the address of the said H land: A clerk in Yong-Gun),” respectively, and the owner on the land cadastre was written as “L (L, resident registration number M).”

On October 8, 2014, the Defendant deposited KRW 109,893,90 as Daegu District Court Port Support No. 1319, No. 2014, No. 1319, the Defendant deposited KRW 109,90 with the name, resident registration number, address of the person under deposit pursuant to Article 40(2)1 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, on the grounds that the address and domicile of the owner of the instant land are unknown.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 through 4 (including branch numbers; hereinafter the same shall apply), Gap evidence No. 8, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion was owned by the Plaintiff at the time of the instant expropriation, and the “A” recorded in the register is not a natural person, but is registered by omitting the “A” from the “A,” which is the Plaintiff’s name. Therefore, the said deposit, which is the compensation for expropriation of the instant land, is the said money.

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