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(영문) 대구지방법원 2012.07.11 2011나24003
공탁금출급청구권양도의사표시등
Text

1. Revocation of a judgment of the first instance;

2. Defendant (Appointeds) and Appointors and Defendant G shall be listed in attached Form 1 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a clan with M 28 descendants, consisting of descendants, who set up the 14th generations as a joint ancestor.

B. P completed registration of initial ownership on January 19, 1939, on the grounds that there was an assessment on Q214 square meters (707 square meters, hereinafter “undivided land”) prior to the Daegu-gu Q214 square meters (hereinafter “undivided land”).

C. On December 4, 1939, R (the address on the register is the address on the register) and L (the address on the register is the address on the register is the address on November 30, 1939, each 1/2 share of land due to the sale on November 30, 1939.

The Daegu Metropolitan City, which was publicly announced as the Daegu Metropolitan City Public Notice No. 2006-32, included the 528mm2, Seogu-gu, Daegu, which was divided from the land prior to subdivision, in the project for the construction of the road (stage 1). The 528m2, which was divided from the land prior to subdivision, carried out the expropriation procedure.

E. The Daegu Metropolitan City deposited the amount of KRW 81,309,600 as the amount of KRW 81,309,60 equivalent to the shares of the said L, among the compensation determined in accordance with the adjudication of expropriation by the Central Land Expropriation Committee in the expropriation procedure for the instant land, as the amount of KRW 81,30,600 for the said amount of KRW 907, April 27, 2010 for the said amount of KRW 81,309,600 corresponding to the shares of the said L, (hereinafter “instant deposit”), and on the same day, deposited the said amount of KRW 81,309,600 corresponding to the shares of the said L, for the same reason.

F. On October 26, 1965, the above L, the permanent domicile of which was established in the Gyeongbuk-gun U, the deceased on the part of 1965, succeeded to the deceased L's property B, the Defendant (the appointed party, hereinafter referred to as the "Defendant") B, the child, the Defendant G, the Appointer H, and the Appointer I inherited the deceased L's property. On February 2, 2009, the deceased on the part of DoW succeeded to the property of Do, the designated party E, the Appointer E, the Appointer F, and the respective inheritance shares of the Defendants and the designated parties are as shown in attached Form 2.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5 through 9, 12, the purport of the whole pleadings

2. The Plaintiff’s assertion by the parties is himself.

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