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(영문) 대전지방법원 2017.09.14 2016가단228182
공탁금출급청구권 확인의 소
Text

1. The Defendant deposited as Daejeon District Court No. 26,927,200, which was deposited by the Daejeon District Court No. 646, and the said Court No. 647 in 2016.

Reasons

1. Basic facts

A. The Defendant, as an implementer of road project (I access road construction), accepted each land indicated in the separate sheet of real estate (hereinafter “each of the instant land”) unregistered by the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, and deposited the compensation for expropriation in the same manner as indicated in the separate sheet of real estate.

나. 이 사건 각 토지에 관한 구 토지대장에는 J가 소유자로 기재되어 있고, J의 주소는 경성부(京城府) K 또는 경성부(京城府) L 또는 경성부(京城府) M로 기재되어 있다.

다. 경기도(京畿道) 경성부(京城府) M에 본적을 둔 N는 O생으로 P과의 혼인 중인 1931(소화 6년). 2. 28. Q, R의 아들인 S(이후 T로 개명)을 입양하였고, T는 1940. 1. 5. N가 사망하자 호주상속하였다.

T was killed on April 24, 1973, and at the time of T’s death, there were Plaintiffs, U, and U, and U.V. However, on June 29, 1989, V inherited his portion of inheritance by her mother, who was an unmarried heir, but U died on September 17, 2013 and eventually succeeded to the same proportion of T’s property.

[Reasons for Recognition] Unsatisfy, each entry of Gap1 through 9 (including each number)

2. The assertion and judgment

A. (1) The plaintiffs' assertion that each land of this case was owned by N, the preference of the plaintiffs, and since T, the father of the plaintiffs, succeeded to each land of this case by Australia, the plaintiffs, the successors of T, had the right to claim the payment of deposit money for each land of this case.

(2) The Defendant did not know that Defendant N was the owner of each of the instant lands, and because N had W, as the wife P and the wife extracted, T cannot be deemed as Australia’s heir and property heir.

B. (1) The judgment is written in the old land cadastre concerning each of the instant land as seen in the above basic facts.

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