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(영문) 대전지방법원 2018.05.17 2017가단213385
공탁금 출급청구권 확인
Text

1. On September 7, 2016, the Defendant deposited with Daejeon District Court Decision 2016No. 5383, Sept. 7, 2016 as KRW 22,265,40.

Reasons

1. Facts recognized;

A. In implementing the F (Local Rivers) disaster prevention project, the Defendant deposited KRW 22,265,40,000 of compensation money as the Daejeon District Court on September 7, 2016, on the ground that the landowner is not aware of his/her residence (hereinafter “instant land”).

B. The land in this case, which was the land prior to the division, is the land owned by the G, and the address was not indicated separately.

G was also considered as the owner of the J site in addition to the I forest and field.

C. The Plaintiffs’ pre-appellant’s permanent domicile is J, and it was deceased on May 13, 1940 at the same place as the Simnam M (the 1919-year-old death), G, 2 women N, 2 South P, and 2 South.

In September 10, 1952, 200 South-North P was married to Australia and died in an unmarried state.

Q, the only South East (NL 2 South) of K, Q, the South, women S, 2 women T, 2 South, 2 South U, 3 South, and South, was deceased on January 19, 1941, and RU, South, South, and South, the Republic of Korea succeeded to Australia.

However, as the P, which is the heir of the Australia, died, the R was a ex post facto guardian for the K, who was the former Australia, and the Australia inherited. D.

R W W, maX, Y, 2 girls, Y, 2 South, 3 girls AB, and 3 South and North AB died on September 18, 1957, W, South and North, was inherited by Australia.

W had been employed by Plaintiffs C, 2, and 2, both men and women, both of whom were South and North Korea, Plaintiff D, and 2, respectively, and died on March 16, 200.

[Ground for Recognition: Facts without dispute, Gap 1 through 12 (including each number), the purport of the whole pleadings]

2. According to the above fact-finding on the claim, it is reasonable to view the land in this case as the land under the circumstances of K, a shipbuilding of the plaintiffs.

In addition, according to the customs of the Gu, in case where both parents die and unmarried male who has no other family but died, if they are the head of the family, the family council shall make ex post facto adoption of the adopted family for the former head of the family, and the head of the family shall do so.

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