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(영문) 울산지방법원 2016.11.29 2016가단11652
공탁금출급청구권확인의 소
Text

1. On November 10, 2014, the Defendant deposited money with the Ulsan District Court No. 4252, the amount of KRW 52,121,250, respectively, 17,373.

Reasons

1. Basic facts

A. The assessment of the land is indicated as follows: (a) “D” was written on March 23, 1912 on the Gu’s land cadastre (Evidence No. 1-1-2); and (b) was written on the basis of the assessment of the 1,025 square meters of a river E in Ulsan-gun, Ulsan-do on March 23, 1912. The said land is written on the basis of a change in the administrative district of Ulsan-gun, Ulsan-do. The said land is deemed as the instant land.

(ii) the address of D is not written in the old land cadastre.

3) The current land cadastre (Evidence No. 1-2) indicated that “D” was examined as of March 23, 1912, and the address of “D” was not indicated. (b) The Defendant, who is the implementer of the G river improvement project, deposited KRW 52,121,250 as “D” and deposited KRW 52,121,250 as the deposited person on November 10, 2014.

(U) The fact of deposit in the deposit document of the Ulsan District Court No. 4252, 2014 (hereinafter “instant deposit”) is as follows: (a) “A local Land Tribunal intends to pay the compensation adjudicated on the instant land, but it is impossible to receive the compensation due to the unknown address of the person to be deposited; (b)” and (c) the statutory provisions of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

(C) Article 40(2)1 of the Plaintiffs’ conciliation division D (D. No. 4-1 of the evidence No. 4-2 of the Plaintiff’s conciliation division D and inheritance relations 1) of the Plaintiffs’ conciliation division D (D. No. 4-1 of the evidence No. 4 of the Plaintiff, “I”, and “D” in the evidence No. 4-2 of the evidence No. 4 of the Plaintiff’s conciliation division D and inheritance relations 1) were deceased on February 19, 1947, and J succeeded to Australia.

2) The wife K of J died on February 9, 1990, and the J died on October 3, 2008, respectively. 3) The Plaintiffs are the children of J. D.

The Plaintiffs sought a withdrawal of the instant deposit from the Ulsan District Court depository, but the deposit officer of the Ulsan District Court decided not to accept the request for withdrawal of the deposit on November 10, 2016, which was after the closing of the instant argument.

[Grounds for recognition] Nos. 1, 2, 3, 4, and 5 are numbers.

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