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(영문) 창원지방법원마산지원 2014.12.12 2014가합1232
공탁금출급청구원 확인 등 청구의 소
Text

1. The Defendant Changwon-si deposited with the Changwon District Court No. 1426, Nov. 13, 2012 in 132,84, 195 won, which was deposited by the Changwon District Court No. 1426, Marsan, 2012.

Reasons

1. Basic facts

A. The plaintiff is a clan that is composed of the lineal descendants of the "Foman" as a clan member.

Defendant A is a clan member of the Plaintiff.

B. The registration of preservation of ownership was completed on August 29, 1970 with respect to C, D, and E on August 29, 1970 with respect to the forest land B, 46,612 square meters (hereinafter “instant land”).

C. On March 28, 2012, Defendant Changwon-si acquired C’s shares among the instant land by means of a consultation on the purchase of land for public use, and accepted E and D’s shares among the instant land on November 16, 2012.

On November 13, 2012, Defendant Changwon deposited KRW 132,84,195 on the ground of Article 40(2)1 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, on the ground that the land to be expropriated was impossible to receive because the deposited person D was to pay the deposited person D with the name and address of the original copy of the register, although the land to be expropriated was written only in the name and address of the original copy of the register, and the name and address of D cannot be known, the land to be expropriated was deposited in KRW 132,84,195.

(hereinafter referred to as “the deposit of this case”). 【The basis for recognition】 The deposit of this case between the plaintiff and the defendant Changwon-si: The non-contentious facts, Gap evidence 1 through 5 (including a provisional number; hereinafter the same shall apply), Gap evidence 8, Eul evidence 1, the purport of the whole pleadings, and the purport of the whole pleadings between the plaintiff and the defendant A: Judicial confession (Article 288 of the Civil Procedure Act).

2. Request against the defendant Changwon-si

A. The judgment on the main defense of the defendant Changwon-si was rendered on the part of the defendant Changwon-si. Even if the plaintiff was confirmed on the part of the defendant Chang Changwon-si's right to claim the return of deposited goods against the defendant Changwon-si, the defendant or the plaintiff could not claim the return of deposited goods, and there is no interest in confirmation of the plaintiff's lawsuit. 2) The judgment of the defendant Changwon-si stated the deposited person "D", the address of the deposited person in the deposit in this case, the name of the person in question, and Article 40 (2) 1 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

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