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(영문) 대전지방법원 2017.05.24 2016가합106296
공탁금출급청구권 양도 등
Text

1. Defendant F, G, H, B, I, J, and K are the same as to the Plaintiff’s right to claim the payment of the deposit stated in attached Table 1 List 1.

Reasons

1. Basic facts

A. The plaintiff is a clan set up in AX AY AY, and the defendants are the members of the plaintiff.

B. The land BA, BB, and BC (hereinafter referred to as “instant land”) of the Daejeon Pung-gu AZ (hereinafter referred to as “B”) owned by the Plaintiff. On November 1, 1971, the Plaintiff trusted one-third shares of the instant land to BD, BE, and BF, each of which was the Plaintiff’s origin.

(hereinafter “instant title trust agreement”). C.

The BD, BE, and BF died, and their respective successors and successors' shares are as shown in Appendix 1 to Annex 3 List 2.

The instant land was admitted to the Korea Land and Housing Corporation around May 2015, and the Plaintiff expressed its intent to terminate the instant title trust agreement against the Defendants around that time.

E. On June 10, 2016, the Korea Land and Housing Corporation deposited 413,207,000 won in total of the compensation for expropriation with net BD, BE, and BF as a depositor.

[Reasons for Recognition] Defendant 39 through 45: Defendant 4, 10, 12, 19, and 29: Service by publication (Article 208(3)3 of the Civil Procedure Act) other Defendants: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. According to the above facts finding as to the cause of the claim, the instant title trust agreement was lawfully terminated on or around May 2015, and the Defendants, the inheritors of BD, BE, and BF, the Plaintiff’s title trustee, are the restitution following the termination of the title trust agreement, and the Defendants, the title truster, are obligated to transfer the right to deposit payment according to the inheritance shares stated in Paragraph (2) to the Plaintiff, the title truster, and notify the transfer of the claim to the Republic of Korea.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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