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(영문) 춘천지방법원속초지원 2015.07.14 2014가단10641
공탁금출급청구권 확인 등 청구의 소
Text

1. The defendant deposited as 14,314,660 won by the High Court of Chuncheon on April 28, 2009 as 165 gold No. 165 of 209, and the defendant on April 28, 2009.

Reasons

1.The facts subsequent to the facts of recognition do not conflict between the parties, or may be found upon full consideration of the entries in Gap evidence 1 to 7, 25 to 30 and the whole purport of pleadings:

The purpose of the plaintiff is to carry out the activities for the protection of graves, religious rites, and friendship among the members of a common ancestor, which is composed of persons of 20 or more years of age from among the descendants of A.

B. On November 22, 1967, the Plaintiff: (a) owned a 97,190 square meters of forest land B in Gyeyang-gun, Gangwon-gu (hereinafter “instant forest”); and (b) destroyed the cadastral record on the said forest land by means of a 6,25 war; (c) however, on November 22, 1967, registered the owner’s restoration of the said forest land by title trust with 1/6 shares each with C, net D, network E, network F, network G, network H.

C. On November 6, 2003, the instant forest was divided into KRW 425 square meters of the Dowon Yangyang-gun, Gangwon-gun, Gangwon-do, and was subject to registration conversion into KRW 425 square meters of J forest in Yangyang-gun on the same day, and thereafter, on March 11, 2004, the instant forest was divided into KRW 10,729 square meters of the Dowon Yangyang-gun, and KRW 19,520 square meters of L forest in the instant forest remaining after the division of KRW 425 square meters of the Dowon Yangyang-gun, Yangyang-gun on the same day. As such, the instant forest was currently reduced into KRW 66,516 square meters of the area.

On May 2004, the Plaintiff filed a lawsuit against the said C, etc. for the registration of ownership transfer on the ground of the cancellation of title trust with respect to the 66,516 square meters of Gangseoyang-gun, Gangwon-do, Gangwon-do, Seoul-do, 2004Kadan5732, which is the forest of this case, and 10,729 square meters of Gangwon-do, K forest, 19,520 square meters of L forest, and 425 square meters of J forest, which is the forest of this case. On August 23, 2006, the said court rendered a favorable judgment of the Plaintiff on August 23, 2006, and the said judgment became final and conclusive on October

E. However, while the Plaintiff had not completed the registration of transfer of ownership in accordance with the above judgment, the Defendant was divided into 19,520 square meters of Gangseoyang-gun L, and 777 square meters of M forest (77 square meters of M forest land in the above K K forest was divided into 77 square meters on March 23, 2009; hereinafter the same shall apply) into the building site for the East Sea Highway, which is a public project.

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