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(영문) 광주지방법원순천지원 2016.06.21 2015가단5655
공탁금출급청구권 양도 등
Text

1. The Defendants deposited with the Gwangju District Court 10 December 10, 2007 No. 3473, Korea.

Reasons

1. Facts of recognition;

A. The plaintiff is a clan that is made up of the 21-year-old descendants of I and is composed of the descendants of I, and the defendants are the clan members.

B. The Plaintiff completed the registration of ownership transfer in accordance with the Act on Special Measures for the Registration, etc. of Transfer of Real Estate Ownership (Act No. 3094) in the name of L, M, N, andO, with respect to one-fourths of forest land G 50,479 square meters among 50,479 square meters of forest land G at the time before the division.

(M, N, andO represent three strikes, L was in title trust in the name of four financial officers of the Plaintiff.

Before subdivision, G forest was divided into 21,931 square meters of G forest, 18,393 square meters of P forest, and 10,155 square meters of H forest. D.

After the division, the shares of M among G forest land, P forest land and H forest land were divided to Q on May 18, 2005, while the shares of theO were transferred to R on September 29, 2006 due to inheritance due to each consultation division. Among them, the shares of L, Q and R among G forest land and H forest were transferred to the Plaintiff on March 11, 201 on the ground of the termination of title trust, and the ownership transfer registration was completed in the future of the Republic of Korea, and P forest was transferred to the land for public works (S Highway construction projects) and expropriated in the land for public works (S-type highway construction projects) and the ownership transfer registration was completed in the Republic of Korea.

E. L, Q, and R returned to the Plaintiff all compensation received due to the expropriation of P forest as above.

F. On December 10, 2007, Korea deposited KRW 50,120,920 for the expropriation compensation for N out of P forest land as the depositer N in the 2007 Gold District Court Decision 2007No 3473.

G. Meanwhile, N died on May 7, 1987, and the Defendants, their children, were the successors of their property. The Plaintiff terminated title trust with respect to N, which was related to G forest land before the division, as of January 8, 2016, a duplicate of the application for change of the purport of the instant claim and the cause of the claim, served on the Defendants.

[Ground of recognition] A1, 2, Gap evidence Nos. 1 to 3, witness L, without dispute.

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