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(영문) 수원지방법원 2015.02.11 2014가단54751
공탁금출급청구권확인
Text

1. On July 9, 2014, the Defendant deposited 20,51,000 won by the District Court of Jung-gu in gold No. 3608 of 2014, and on Plaintiff A.

Reasons

1. Facts of recognition;

가. 이 사건 토지의 소유권 변동관계 (1) 구 토지조사령에 따라 작성된 경기 양주군 F에 대한 토지조사부에는 G 대 812평을 경성부 중부 H(京城府 中部 H)에 거주하는 I가 사정받은 것으로 기재되어 있다

(2) On December 1959, J-Do 129 square meters (hereinafter “instant land”) was divided from the land before the instant partition. (2) After the instant partition, J-Do 129 square meters was divided from the land before the instant partition.

(3) On the other hand, on March 13, 1968, the Act on Special Measures for the Adjustment of Farmland Reform Project was enforced, and Korea purchased the instant land as distributed farmland, and thereafter, it became final and conclusive that the instant land was not distributed to the self-employed farmer.

(4) The prop report prepared in the course of farmland distribution was written by the existing owner of the instant land as K, and the partial land cadastre relating to the instant land before the instant partition was written by K from I, a well-known land purchaser.

(5) As to the instant land, only the land cadastre that was restored by the owner of "K", who had his domicile in "Seoul Yongsan-gu L," on November 8, 1975, was prepared, and no registration of preservation of ownership has been made separately.

B. The relation between K and the plaintiffs (1) K (K and M) are "Seoul Central District N," the original domicile is "Seoul Central District P," the address was "Seoul Central District P," the moving-in report was made on September 11, 1967, and the moving-in report was made on April 15, 1968 to "Seoul Yongsan-gu L," and died on September 3, 1971.

(2) The Plaintiffs are co-inheritorss who jointly succeed to the deceased K’s properties, and each inheritance share is as indicated in the inheritance share column in the inheritance shares of each Plaintiff’s respective inheritance shares.

C. (1) The Defendant expropriates the instant land on or around June 21, 2014, and on July 9, 2014, pursuant to Article 40(2)1 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, the deposited person is K, and the deposited person is K.

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