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(영문) 춘천지방법원 2016.09.23 2016나50553
공탁출급청구권 확인(불확지공탁)
Text

1. Revocation of a judgment of the first instance;

2. 45,800, the Defendant deposited as the Geumcheon District Court’s Youngcheon District Court’s Young-gu Branch in 2015 No. 456.

Reasons

1. Facts of recognition;

A. The land of this case was owned by the network E, and was inherited to B and seven others on December 207.

From September 21, 1984 to September 21, 1984, the father net F of the Plaintiff’s father shall be the annexed list on the land in this case.

1. On October 10, 1986, when residing in a building not yet entered (hereinafter “instant building”) and died, the Plaintiff and the Plaintiff’s mother continued to reside in the instant building.

B. The defendant is the project implementer of the D Improvement Project, which is a road project, and the building and the list of the instant land above the ground in accordance with the adjudication of the Central Land Expropriation Committee

2. On July 13, 2015, the Defendant deposited KRW 45,80,800 (hereinafter referred to as “instant deposit”) with the Chuncheon District Court’s Young Branch Branch Decision No. 456 on the ground that the Defendant was unaware of the owner on July 13, 2015, on the ground that he/she was unable to identify the owner.

[Ground of recognition] Facts without any dispute, Gap 1, 4, 5, and Eul 1 through 5

2. Determination on this safety defense

A. The Defendant’s assertion is unlawful since the Plaintiff filed a lawsuit seeking confirmation of the claim for payment of deposit money against B and 7 other parties, the heir of the deceased E, arguing that the Plaintiff is the owner of the instant building and obstacles. Thus, the instant lawsuit seeking confirmation of the claim for payment of deposit money against the Defendant, the project implementer, is unlawful as there is no

B. Under the relevant legal principles in Korea, only the deposit of a relative uncertainty in which the creditor is specified or at least the creditor is relatively specific may be allowed, and the deposit of an absolute uncertainty in which the identity of the creditor is unknown is not allowed.

However, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) is a project developer who is the subject of land expropriation.

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