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(영문) 서울북부지방법원 2016.02.19 2015가단25706
공탁금출급청구권확인
Text

The defendant, on December 5, 2014, issued by the Seoul Northern District Court No. 4716, 4719, 4722 for the deceased L.

Reasons

1. Basic facts

A. On December 31, 2014, the Defendant deposited 76,066,560 won in total of the compensation for expropriation of each of the instant land shares as indicated in the separate sheet (hereinafter “each of the instant land shares”) in the Housing Redevelopment and Improvement of Urban Areas and Dwelling Conditions for Residents under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, on the ground that each of the instant land shares constitutes a case where it is impossible to receive repayment due to the unknown address of L who is the nominal owner on each registry.

(b) The address of L on the registry shall be indicated as Gyeongcheon-gun M or N.

C. Around July 1927, the plaintiffs' fleet L transferred to P around Kimcheon-si, Kimcheon-si, and died on August 30, 1964.

At the time of the plaintiffs' prior L, there was a long-nam net Q, the plaintiff C, the plaintiff C, the plaintiff C, the remaining network R, the six-year network S, and the three-year net T.

- The deceased on June 17, 1998, and the deceased on June 17, 1998, and there was Plaintiff A, Plaintiff B, and deceased as the inheritor, but the deceased on May 30, 2014, the deceased on May 30, 201, and the wife W/X as the inheritor.

- The deceased T on April 5, 1994, and his heir, Y, D, and E, a child.

- The deceased on November 8, 1987, and Plaintiff F as his heir.

- The deceased S died on July 23, 1997, and the heir of the deceased, there is Plaintiff G, Plaintiff H, I, and J, who is the wife.

E. The inheritance shares of the heir of the Plaintiff Line are as shown in the attached Form.

[Ground of recognition] 1 to 9 evidence Nos. 1 to 9 (including additional numbers), the fact-finding results on the Z surface of this court Kimcheon-si, the purport of the whole pleadings

2. Summary of the assertion;

A. The plaintiffs asserts to the effect that since L's inheritors are the owners of the instant land shares, they have rights to inheritance shares among the compensation for expropriation of the instant land shares deposited as stated in the order according to their inheritance shares.

B. The defendant cannot find out that the plaintiffs' preference is the same as L, the owner of the land in this case, and thus the plaintiff's claim cannot be accepted.

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