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(영문) 대구지방법원김천지원 2015.10.29 2015가단2450
공탁금출급청구권확인
Text

1. On December 24, 2014, the Defendant filed a claim district court’s support on December 24, 2014 as land expropriation compensation with respect to the area of 529 square meters in Jeju-si.

Reasons

1. Basic facts

A. On May 25, 1940, H ( Address I and registration number J) on the land cadastre No. B, 529 square meters (hereinafter “instant land”) was registered as transfer of ownership.

B. On December 24, 2014, the Defendant accepted the instant land to be incorporated into the Highway Construction Project, and completed the registration of ownership preservation in the name of the State “State” as to the instant land, the name of the deposited person, on the ground that the whereabouts of the deposited person, who is the owner of the said land, is unknown, pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, by making the name of the deposited person as “H”, resident registration number, “J”, and “Ycheon City I” as “Ycheon-si,” and deposited KRW 14,177,200 (hereinafter “the instant deposit”).

C. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties are heirs of L L, whose main purpose is “Y incheon-si,” and the designated parties are 3/13 of their inheritance shares as the wife of the inheritee, and D, E, F, and G are 2/13 of their inheritance shares as their children of each inheritee.

[Ground of recognition] Facts without dispute, Gap Nos. 1, 4 through 7, Eul evidence No. 1 (including branch numbers), the purport of the whole pleadings

2. As to this safety defense, the Defendant asserts that there is a benefit in filing a lawsuit seeking confirmation of the right to claim the payment of deposit money from a deposit official against the Defendant without seeking the payment of deposit money from the deposit official. The Plaintiff asserts that seeking confirmation of the right to claim the payment of deposit money against the Defendant is unlawful as there is no benefit in confirmation.

As seen in the above facts, both the holder of the land cadastre and the depositors on the deposit document of this case as to the land of this case are “H”.

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