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(영문) 울산지방법원 2017.09.28 2016가단66171
공탁금출급청구권 확인 등의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The deceased C was assessed on March 9, 1912, 674 square meters before Ulsan-gu D (hereinafter “instant land”). The land was solely inherited to the Defendant B, his/her child, following the deceased on July 26, 1958 by the deceased C.

B. The Defendant Ulsan Metropolitan City deposited KRW 10,996,200 for land expropriation compensation decided by the Central Land Expropriation Committee on April 12, 2007, on the following grounds: (a) the ownership of the land was acquired by incorporating the land of this case into an urban planning facility project (road opening project) and acquiring the ownership of the land of this case, which was divided into the land of this case from the land of this case; and (b) the land expropriation compensation amounting to KRW 10,96,200 for the land expropriation compensation adjudicated by the Central Land Expropriation Committee (hereinafter “instant land”).

C. The Defendant Korea Land and Housing Corporation deposited KRW 22,11,250,000,000,000 decided by the Central Land and Housing Corporation on February 9, 2009, on the following grounds: (a) in the process of acquiring ownership by incorporating the land of this case into G business one hundred and seventy-five square meters (hereinafter “instant F land”), which was divided into the instant land from Ulsan-gu, Ulsan-gu, Seoul Special Metropolitan City (hereinafter “the instant land”).

On April 7, 2016, the Plaintiff’s land of this case as the Ulsan District Court 2016Da54598, which was the upper part of the instant land.

(b).

With respect to the remaining size of 335 square meters in Ulsan-gu, Ulsan-gu, which is divided as shown in paragraph (1), Defendant B sought confirmation of ownership of the Republic of Korea and filed a lawsuit against Defendant B seeking implementation of the procedure for ownership transfer registration on the ground of completion of prescription for possession.

In the above case, the lawsuit against the defendant B was pending by public notice, and the court of first instance accepted all the plaintiff's claims.

On June 14, 2017, the appellate court dismissed the appeal by the Ulsan District Court 2017Na20159, which became final and conclusive on June 30, 2017.

[Recognition] Facts without dispute, Gap's 1 to 6, 11, 12, Gap's 13-1, 2, Eul's 1 to 4, Eul's 4, and Eul's 4.

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