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(영문) 창원지방법원 거창지원 2018.10.10 2018가단904
공탁금 출급청구권 확인
Text

1. Of the instant lawsuit, it is against KRW 12,534,160, which was deposited by the Changwon District Court heading in 2001 gold No. 267.

Reasons

1. Basic facts

A. Of 1,444 square meters (hereinafter “the land before the instant subdivision”), the registration of ownership transfer was made on June 2, 1974 in the name of co-owner B, C, and E under the name of the joint owner, C, and E on June 2, 1974, with respect to one third share in each of the land before the instant subdivision.

B. After December 18, 199, the land before the instant partition was divided into 1,157 square meters in FY-gun, Hacheon-gun (hereinafter “instant land”) and 287 square meters in D. Of the instant land, the ownership transfer registration was made on March 15, 1989 to G, the heir of E with respect to the portion in E’s title, on which the ownership transfer registration was made on the ground of inheritance by agreement division on April 30, 200.

C. During that year, the State will incorporate the instant land into the H business facility installation site (one page), and the portion owned by the Plaintiff among them shall be acquired on May 25, 200 and acquired on May 27, 200 and shall be expropriated on July 31, 2001 for the portion owned by B and C under its own name, and on July 31, 2001 for the portion owned by the Plaintiff.

8.1. Each registration of ownership transfer has been made in its own name.

The Defendant, a project executor, deposited KRW 12,534,160 on June 21, 2001 as a gold-266 in Changwon District Court, Changwon District Court, 2001, KRW 12,534,160 on compensation for shares in C, on the ground that he/she could not know the whereabouts of the person entitled to receive compensation for shares in B and C, while acquiring through consultation and accepting the land in this case, and deposited KRW 12,534,160 on the same day as a gold-267 in Changwon District Court, Changwon District Court, 201.

(hereinafter the above compensation amount of No. 266 in 2001 is “266 deposit money,” and the compensation amount of No. 267 in 2001 is “267 deposit money.”

The Plaintiff, registered as the owner of the instant land by Daegu District Court 2009Kadan44874, the “B” against the Defendant, was succeeded to the Plaintiff’s rights and obligations as the honor of the Plaintiff’s father, a father-in-law.

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