(영문) 창원지방법원거창지원 2020.09.29 2019가단11253

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(영문) 창원지방법원거창지원 2020.09.29 2019가단11253

공탁금 출급청구권 확인

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1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

Basic Facts

A. In the Gu’s land cadastre of 267m2 and 892m2 (hereinafter “each of the instant lands”), the “E” is indicated as being the assessment of each of the instant lands on April 25, 1914, without recording the address.

B. On October 22, 2015, the Defendant expropriated each of the instant land for the implementation of the F Project, and on December 14, 2015, the Defendant deposited KRW 14,646,450 (hereinafter “the instant deposit”) for each of the instant land on the ground that “The instant land is unregistered and its owner E has no address on the land cadastre, and the exact owner cannot be identified due to the lack of the owner E’s address on the land cadastre.”

C. The deceased G (hereinafter “the deceased”) may not specify the time of the deceased’s death on August 11, 1951 due to the removal of the register of removed goods stored on the N-section N in the G-gun of Gyeongcheon-gun, N-gun, Gyeong-gun, the date of the removal.

The plaintiff died. The plaintiff was the deceased's grandchildren, Ha, J, K, L, and M are the grandchildren of the deceased. The plaintiff and the designated parties are all the inheritors of the deceased.

[Based on the recognition, the Plaintiff was the owner of each of the instant lands, and the Plaintiff and the designated parties acquired ownership of each of the instant lands in a state of non-registration by inheritance of the Deceased. As such, the Plaintiff and the designated parties sought confirmation that the right to claim payment of deposit money for the instant deposit money is against the Plaintiff and the designated parties.

The defendant's judgment on the defendant's safety resistance is unlawful because each of the land of this case is owned by theO of the clan and the right to claim the payment of the deposit money of this case is to file a lawsuit on the collective property of the clan, although the resolution of the general meeting of the clan has been passed or all of the members of the clan have become a party to the clan, the lawsuit of this case is unlawful,

유사 판례

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-수원지방법원여주지원 2016.07.06 2015가단11894

-창원지방법원거창지원 2015.11.03 2015가단736