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(영문) 창원지방법원 2015.11.05 2014가합35686
공탁금청구출급권확인의소
Text

1. Of the Plaintiff’s lawsuit and the independent party’s lawsuit, the part of the Defendant’s claim against the Republic of Korea respectively.

Reasons

1. Basic facts

A. 1) The old land cadastre records, etc. as to the instant real estate are as follows: Jinhae-gu, Jinwon-si (hereinafter “instant real estate”). The land cadastre records, etc. are as follows:

(2) On the old land cadastre drawn up before 1945, the above real estate was recorded as being examined D on August 30, 1913 (2 years Magdae) and all of the land cadastres made thereafter are recorded as being subject to the above real estate assessment on August 30, 1913. (2) Defendant Republic of Korea completed the registration of preservation of ownership on February 111, 2014 as to the above real estate by the Changwon District Court, Jan Sea Registry, which received from the Changwon District Court, No. 2889.

B. The deceased on January 19, 1937, and the deceased on January 19, 1937, and the deceased on June 19, 1937, and the deceased on June 19, 1937, the deceased spouse F of the deceased on the deceased on the deceased on the deceased on the deceased on the part of the family head and the heir of the family, but the deceased on June 23, 1937 was entered into the family head and the heir of the deceased on the deceased on the part of the deceased on the family head and the heir of the independent property.

Then, on August 27, 1982, the deceased G died. At the time of death, the heir had L, who is the spouse H, I, I, and Independent Party Intervenor (hereinafter “Appointed Party Intervenor”) B, Appointed J, K, and unmarried son, who is the male head of the household, succeeded to the family.

I died on June 9, 1995, and as the deceased's heir of the deceased I, there is M, a child, N, andO, and H died on March 19, 2015 and is the deceased's heir or substitute heir of the deceased H, the plaintiff, the independent party intervenor, and the designated parties.

C. The Defendant Korea Highway Corporation deposited the instant real estate expropriation and expropriation compensation by the Defendant Highway Corporation (hereinafter “instant project”) obtained ownership of land necessary for the implementation of the PP project (hereinafter “P project”). The instant real estate is registered as D on its land cadastre, but its address is not indicated, and real registration of ownership preservation is not made on the land registry.

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