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(영문) 광주지방법원 2015.11.26 2015가단37875
공탁금출급청구권자 확인 등
Text

1.(a)

On December 23, 2010, the Defendant deposited with the Gwangju District Court No. 20440 on December 23, 2010 KRW 7,820,000 out of KRW 15,640,00.

Reasons

Facts of recognition

The Defendant deposited KRW 15,640,000 as compensation for losses for “No. 1,640,000 square meters” (hereinafter “No. 1 of the instant land”) included in the instant project, and deposited KRW 26,520,000 as compensation for losses for “No. 780 square meters” (hereinafter “No. 2 of the instant land”) in Gwangju District Court 2010, Gwangju District Court, and deposited KRW 26,520,00 as compensation for losses for “No. 780 square meters” (hereinafter “No. 2 of the instant land”).

The name of the person to be deposited in the deposit for the instant land No. 1 was written as “E”, and the address of the person to be deposited was written as “E”, and the name of the person to be deposited in the deposit for the instant land No. 2 as “G”, and the address of the person to be deposited was written as “G”, and the name of the person to be deposited in the deposit for the instant land No. 2 as “H in Mine-gu.” The certified copy of the register and the land cadastre owner of each of the instant

On August 2015, the Plaintiffs, including the deceased G (Death on December 26, 1976), agreed on the division of inherited property with the content that the deceased G would vest the Plaintiffs in the right to claim the payment of deposit money with respect to the land Nos. 1 and 2.

【Ground of Recognition】 without any dispute, the Plaintiffs claim that G and E are the same person who owns each of the lands of this case, and that the Plaintiffs are lawful successors of G through E, and that the claim for payment of deposit of this case is against the Plaintiffs. The Plaintiffs seek confirmation that the claim for payment of deposit of this case is against the Plaintiffs.

According to the results of the inquiry into the head of Gwangju Northern District, G used the name of E in the Japanese colonial era and re-exploited to G on December 24, 1946, G used the domicile of the owner of the instant land in Gwangju Northern District F, which is the domicile of the owner of the instant land, and G’s her son I had resided in the J and K of Gwangju Northern District, but the said domicile was located in the vicinity of Gwangju Northern District, which is the domicile of the owner of the instant land.

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